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THE  CLOSED  SHOP  IN  AMERICAN  TRADE 
UNIONS 


SERIES  XXIX  NO.  3 

JOHNS  HOPKINS  UNIVERSITY  STUDIES 

IN 

Historical  and  Political  Science 

Under  the  Direction  of  the 

Departments  of  History,  Political  Economy,  and 

Political  Science 


THE  CLOSED  SHOP  IN  AMERICAN 
TRADE  UNIONS 


BY 


FRANK  T.  STOCKTON,  Ph.D. 

Instructor  in  Economics  and  History  in  the  University  of  Rochester 


BALTIMORE  >   *  * 

THE  JOHNS   HOPKINS  PRESS 
1911 

_  library 

Institute  of  Industrial  EcUtion^ 
University  of  Califo^v  ,.  '^"^ 
Los  Angeles  24.  C^liforxiia, 


Copyright  191  i   by 
THE  JOHNS   HOPKINS   PRESS 


Press  of 

The  New  era  prihting  Company 

Lancaster.  Pa 


Inst.  IndBL 
ReL 

(am 


/C 


CONTENTS. 

Page 

Preface   vii 

Introduction    9 

I.  The  Development  of  the  Closed-Shop  Rule  ....  17 

II.  The  History  of  the  Closed-Shop  Movement  ....  33 

III.  The  Simple  Closed  Shop   58 

IV.  The  Extended  Closed  Shop 81 

V.  The  Joint  Closed  Shop 98 

VI.  The  Establishment  of  the  Closed  Shop 123 

VII.  The  Mechanism  of  Closed-Shop  Enforcement  .  .  137 

VIII.  The  Closed  Shop  as  a  Trade-Union  Device  ....  153 

IX.  Social  Aspects  of  the  Closed  Shop 165 


G9S140 

INST.  INDUS.  RHL 


PREFACE. 

This  monograph  had  its  origin  in  an  investigation  carried 
on  by  the  author  while  a  member  of  the  Economic  Seminary 
of  the  Johns  Hopkins  University.  The  chief  sources  of 
information  have  been  the  trade-union  pubHcations  con- 
tained in  the  Johns  Hopkins  Library.  Documentary  study, 
however,  has  been  supplemented  by  personal  interviews  with 
trade-union  officials  and  employers  of  labor  and  by  imme- 
diate study  of  labor  conditions. 

The  author  wishes  to  express  his  appreciation  of  the  help- 
ful criticism  received  from  Professor  J.  H.  Hollander  and 
Professor  G.  E.  Barnett. 


THE  CLOSED  SHOP  IN  AMERICAN 
TRADE  UNIONS. 


INTRODUCTION. 

Few  industrial  questions  in  the  United  States  have  at- 
tracted the  popular  interest  that  has  been  accorded  the  recent 
dispute  over  the  closed  shop.  For  a  full  decade  the  Amer- 
ican public  has  listened  attentively  to  a  widespread  discus- 
sion of  what  should  be  the  proper  attitude  of  union  workers 
toward  non-unionists.  As  a  result  of  this  extended  debate 
there  are  no  terms  in  labor-union  terminology  more  familiar 
to  the  average  American  citizen  than  "  closed  shop  "  and 
"  open  shop." 

Although  the  closed  shop  has  been  subject  to  much  debate, 
little  has  been  done  to  make  clear  the  extent  to  which  the 
trade  unions  have  excluded  non-unionists  from  employment 
and  what  methods  the  unions  have  pursued.  This  gap  in 
our  information  is  to  be  explained  chiefly  on  the  ground  that 
the  general  public  has  been  interested  only  in  the  broad 
social  aspects  of  the  question.  Accordingly,  much  that  has 
been  said  concerning  the  closed  shop  has  dealt  with  its 
ethical  significance,  and  arguments  have  been  addressed  to 
the  public  conscience  concerning  the  justice  or  injustice  of 
excluding  certain  classes  of  persons  from  employment. 
Some  attention  has  also  been  given  to  the  question  of  how 
far  the  closed  shop  is  necessary  as  a  trade-union  device  and 
what  effect  it  tends  to  have  upon  social  well-being.  The 
employers  have  tried  to  show  that  the  closed  shop  is  an 
institution  which  is  out  of  place  in  modern  industrial  life, 
that  it  cripples  business,  and  that  it  creates  an  undesirable 
labor  monopoly.  In  reply,  trade  unionists  have  insisted 
upon  the  necessity  of  the  closed  shop  to  the  existence  of 
many  unions.     They  have  attempted  to  show  that  the  closed 

9 


10         The  Closed  Shop  in  American  Trade  Unions.      [440 

shop  does  not  lessen  industrial  efficiency,  and  they  have  laid 
much  stress  upon  the  good  the  closed  shop  confers  upon 
labor  as  a  whole.  Finally,  great  interest  has  been  mani- 
fested in  the  legal  aspects  of  the  subject,  owing  largely  to 
the  increasing  number  of  cases  involving  the  closed  shop 
which  have  been  brought  before  the  courts. 

The  primary  aim  of  the  present  study  is  to  set  forth  the 
facts  concerning  the  closed  shop.  It  is  proposed,  first,  to 
trace  the  manner  in  which  the  closed-shop  rule  developed 
among  the  early  trade  societies  in  America,  and  to  disclose 
the  motives  which  led  to  its  incorporation  into  trade-union 
policy.  Secondly,  the  history  of  the  closed-shop  movement 
will  be  set  forth.  The  relative  importance  attached  to  the 
enforcement  of  the  closed  shop  at  various  stages  in  our 
industrial  development  and  the  efforts  which  employers  have 
made  to  check  its  operation  will  be  shown.  Next,  the  forms 
of  the  closed  shop  as  they  exist  in  various  unions  will  be 
described.  This  analysis  will  make  clear  what  the  closed 
shop  is  and  how  far  exclusion  from  employment  is  involved 
in  its  working.  The  manner  in  which  the  closed  shop  is 
established  and  the  methods  by  which  it  is  enforced  will 
then  engage  our  attention.  When  the  closed  shop  has  thus 
been  described  in  detail,  it  will  be  possible  in  succeeding 
chapters  to  study  its  value  as  a  trade-union  device  and  its 
economic  import. 

At  the  outset,  however,  a  statement  of  what  we  mean  by 
the  "  closed  shop  "  is  imperative.  When  a  union  enforces 
the  closed-shop  rule,  its  members  are  not  permitted  to  work 
with  non-union  men,  that  is,  in  the  same  "  shop  "  with  them. 
But  trade  unions  differ  widely  in  their  restrictions  on  mem- 
bership, so  that  of  a  number  of  unions  which  enforce  the 
closed  shop  no  two  may  exclude  exactly  the  same  classes 
of  workers.  Consequently,  there  is  no  one  example  which 
can  serve  as  the  type  of  a  closed  shop.  Closed  shops,  in  the 
sense  in  which  the  term  is  used  herein,  are  shops  in  which 
is  enforced  the  closed-shop  rule  as  interpreted  by  the  par- 
ticular unions  or  groups  of  unions  having  jurisdiction. 
Open  shops  are  shops  where  union  men  work  or  may  work 


440  Introduction.  II 

side  by  side  with  non-unionists  with  the  full  knowledge  and 
consent  both  of  the  employers  and  of  the  unions.  Finally, 
non-union  shops  are  shops  where  union  men  as  such  are  not 
employed  either  because  the  employer  will  not  hire  them  or 
because  the  unions  have  ordered  their  members  not  to  ob- 
tain employment  therein. 

In  the  earlier  days  of  American  trade  unionism  it  was 
customary  to  call  a  shop  a  "  union  shop  "  provided  a  union 
had  control  of  a  sufficient  number  of  workmen  to  secure  the 
observance  of  union  working  rules,  even  though  the  union 
could  not  force  the  exclusive  employment  of  its  members. 
Such,  however,  is  not  at  the  present  time  the  meaning  at- 
tached to  the  term  "  union  shop."  It  now  means  identically 
the  same  thing  as  closed  shop.^  Some  writers  have  attempted 
to  distinguish  the  two  terms  by  defining  a  closed  shop  as  one 
where  the  exclusive  employment  of  unionists  is  a  matter  of 
formal  agreement  with  the  employer.  A  union  shop  is  said 
to  be  an  establishment  where  a  like  result  is  accomplished 
without  any  agreement."     This  distinction  appears  valueless. 

A  shop  is  not  to  be  regarded  as  closed  merely  because  all 
the  workmen  at  any  given  time  are  unionists.  It  is  closed 
only  if  the  union  men  refuse  to  allow  non-unionists  perma- 
nently to  retain  employment.  If  non-unionists  are  allowed 
to  continue  at  work  undisturbed,  it  is  an  open  shop.  The 
so-called  "  preferential "  closed  shop^  is  really  an  open  shop. 
Other  terms  meaning  the  same  thing  as  closed  shop  are 
"  fair  shop,"*  ''  card  shop,"  "  contract  shop,"  and  "  organized 
shop." 

*The  agreement  of  the  Printing  Pressmen  with  the  American 
Newspaper  Publishers'  Association  has  for  a  number  of  years  con- 
tained the  following  clause :  "  The  words  '  union  pressroom '  as 
herein  employed  shall  be  construed  to  refer  only  to  such  pressrooms 
as  are  operated  wholly  by  union  employees,  in  which  union  rules 
prevail,  and  in  which  the  union  has  been  formally  recognized  by  the 
employer"  (Printing  Pressmen,  Constitution  and  By-Laws,  1909, 
p.  91). 

'The  Elevator  Constructor,  October,  1905,  p.  13;  November,  1905, 
P-  30. 

'  See  below,  p.  62  note. 

♦In  some  unions,  however,  shops  are  said  to  be  "fair"  if  they 
pay  union  wages  and  observe  union  working  rules,  although  non- 
unionists  may  be  employed. 


12         The  Closed  Shop  in  American  Trade  Unions.      [442 

But  while  the  mere  fact  that  all  employees  are  union  men 
does  not  necessarily  make  a  closed  shop,  neither  does  the 
absence  of  union  men  always  indicate  a  non-union  shop. 
A  shop  is  open  whenever  the  employer  does  not  discrimi- 
nate against  unionists  and  when,  at  the  same  time,  unions 
do  not  forbid  their  members  to  work  in  it.  A  shop  is  not 
an  open  shop  when  a  union  enforces  the  closed-shop  rule 
therein,  even  if  the  employer  has  issued  an  order  or  "  decla- 
ration "  stating  that  he  will  hire  whom  he  pleases.  Nor  is 
a  shop  open  when  an  employer  professes  to  treat  unionists 
and  non-unionists  alike  and  yet  in  practice  refuses  to  hire 
the  former. 

Non-union  shops  may  be  divided  into  three  classes.  First, 
there  are  "  unorganized  shops "  in  which,  for  reasons  of 
policy,  union  men  are  not  allowed  to  work  by  their  organiza- 
tions. The  employer  may  not  pay  the  minimum  rate,  or 
he  may  employ  persons  ineligible  to  union  membership. 
Such  shops  are  often  not  subject  to  strong  union  antagonism, 
but  it  is  not  deemed  wise  to  allow  union  members  to  obtain 
employment  in  them  as  long  as  work  can  be  secured  in  other 
shops,  whether  "  closed "  or  "  open,"  which  are  more  sat- 
isfactory. 

The  second  class  of  non-union  shops  is  composed  of  shops 
against  which  the  union  is  seriously  embittered.  If  an  at- 
tempted organization  of  the  shop  has  failed,  or  if,  after 
unionizing  his  shop,  the  employer  has  fallen  out  with  the 
union,  his  shop  is  then  declared  to  be  a  "  scab,"  "  rat,"  "  un- 
fair," or  "  foul "  shop.  Whoever  obtains  employment  in  it 
becomes  a  "scab,"  "rat,"  "blackleg,"  "snake,"  "bat,"  or 
"  anti-unionist,"  according  to  the  varied  terminology  of 
the  unions. 

Finally,  there  is  the  "  anti-union  shop,"^  which  is  non- 
union because  the  employer  discharges  any  unionist  he  may 
discover  at  work  therein.  Even  if  union  men  secretly  se- 
cure work  in  the  shop,  it  is  not  an  "  open  shop,"  since  they 

*  In  December,  1905,  the  editor  of  the  Bridgeman's  Magazine 
complained  that  no  term  had  "  come  into  vogue  for  establishments 
which  exclude  unionists  from  employment."  The  term  "  anti-union 
shop  "  seems  appropriate. 


443]  Introduction.  1 3 

do  not  obtain  employment  as  unionists.  Sometimes  the  em- 
ployer in  such  a  shop  forces  his  employees  to  sign  an  indi- 
vidual contract  in  which  each  workman  agrees  that  while 
in  such  service  he  will  have  no  connection  with  any  labor 
organization. 

Since  1905  there  has  been  much  objection  on  the  part  of 
trade  unionists  to  the  use  of  the  term  "  closed  shop "  to 
indicate  a  shop  from  which  non-unionists  are  excluded. 
They  contend  that  this  use  of  the  term  has  been  brought 
about  by  designing  employers  who  wish  to  place  the  unions 
in  a  bad  light/  and  that  union  men  have  ill-advisedly  copied 
the  phraseolog>'  of  their  opponents  with  the  result  that  they 
are  now  burdened  with  a  misleading  name  for  a  misunder- 
stood policy.  The  proper  term,  they  claim,  is  "  union  shop." 
They  assert  that  the  union  shop  is  "  never  a  closed  one ; " 
it  is  open  to  all  competent  workmen  who  seek  employment.' 
Some  unionists  also  contend  that  there  is  no  such  thing  as 
an  open  shop,  all  shops  being  either  union  or  non-union, 
organized  or  unorganized.  The  fact  that  a  shop  admits 
union  and  non-union  men  alike  to  its  workrooms  does  not 
"  set  aside  that  anti-union  policy  governing  the  plant  which 
refuses  to  recognize  a  single  principle  of  unionism  and 
opposes  all  its  laws.  .  .  .  The  '  open  shop '  is  closed  to  the 
spirit  and  letter  of  unionism,  and  for  these  reasons  it  is  a 
non-union  shop."^ 

Trade  unionists  contend,  moreover,  that  the  term  "  closed 
shop  "  has  been  twisted  from  its  older  significance — a  shop 
closed  to  unionists.  The  term,  they  say,  is  "  exactly  proper 
when  used  to  describe  a  shop  in  which  for  good  and  suffi- 
cient reasons,  the  union  does  not  permit  its  members  to 

* "  Those  who  are  hostile  to  labor  cunningly  employ  the  term 
'  closed  shop '  for  a  union  shop  because  of  the  general  antipathy 
which  is  ordinarily  felt  tow-ard  anything  closed,  and  with  the 
specious  plea  that  the  so-called  '  open  shop  '  must  necessarily  be  the 
opportunity  for  freedom  "  (American  Federation  of  Labor,  Report 
of  Proceedings  of  the  Twenty-Seventh  Annual  Convention,  1907, 
p.  25,  President's  Report). 

'  Tne  American  Federationist,  November,  1905.  p.  846. 

'  Meat  Cutters  and  Butcher  Workmen,  Official  Journal,  June, 
1906,  p.  29. 


14         The  Closed  Shop  in  American  Trade  Unions.      [444 

accept  employment."^  A  shop  becomes  an  open  shop  when 
it  is  "  opened  "  to  union  members. 

If  we  examine  the  history  of  the  terminology  used  by 
trade  unions  in  connection  with  the  closed  shop,  it  will  be 
found  that  for  a  considerable  period  these  were  the  mean- 
ings of  the  words  "  closed  "  and  "  open  "  among  such  unions 
as  the  Iron  Molders,  the  Iron,  Steel  and  Tin  Workers,  the 
Cigar  Makers,  and  the  Printers.  Prior  to  i860  shops  were 
generally  known  either  as  union  or  non-union  shops.  Some  of 
the  union  shops  were  really  open  shops,  while  some  of  the  non- 
union shops  were  known  as  "  scab  "  or  "  rat "  shops.  By  1864, 
however,  notices  began  to  appear  in  the  Iron  Moulders'  Inter- 
national Journal  to  the  effect  that  certain  shops  had  been 
"  closed  "  pending  the  settlement  of  strikes."  In  1867  Presi- 
dent Sylvis  of  the  Iron  Molders  warned  his  men  against  too 
quickly  declaring  a  shop  a  "  scab  "  shop,  and  recommended 
that  the  president  of  the  union  be  given  authority  "  to  open 
every  shop  .  .  .  illegally  closed."^  Thus  it  will  be  seen  that 
to  "  close  "  a  shop  amounted  practically  to  the  same  thing  as 
to  ''  rat  "  or  "  scab  "  it.  Once  "  closed,"  union  men  were  not 
allowed  to  work  in  the  shop  until  it  was  "  opened  "  to  them 
by  their  organization.* 

Such  was  the  terminology  in  general  use  until  about  1890, 
but  for  a  number  of  years  previous  to  this  time  a  change  had 
been  coming  about.  Thus,  in  1879  the  local  union  of  cigar 
makers  at  St.  Louis,  Missouri,  after  winning  a  strike,  noti- 
fied union  cigar  makers  through  the  Cigar  Makers'  Journal 
that  the  St.  Louis  union  was  about  to  make  a  move  "  in  the 
direction  of  closing  the  shops,"  that  is,  preventing  non- 
unionists  from  working  with  unionists.^  In  many  trades  it 
became  customary  instead  of  closing  certain  shops  to  union- 
ists to  think  of  union  shops  as  closed  to  non-unionists.    This 

*  Blacksmiths'  Journal,  May,  1908,  p.  8. 

*  See,  for  example,  issue  of  June,  1864,  p.  26. 

^  Proceedings  of  the  Eighth  Annual  Session,  1867,  p.  10. 

*  During  this  period  what  are  now  called  closed  shops  were  occa- 
sionally called  "  good  "  shops.  Open  shops  were  frequently  called 
"  free  "  or  "  independent "  shops.  Shops  controlled  by  the  Knights 
of  Labor  were  known  as  "  K.  of  L.  shops." 

^  Cigar  Makers'  Official  Journal,  November,  1879,  p.  3. 


CHAPTER  I. 
The  Development  of  the  Closed-Shop  Rule. 

Contrary  to  general  opinion,  the  closed  shop  is  not  an 
institution  of  American  origin  nor  is  it  of  recent  incorpora- 
tion into  trade-union  policy.  How  far  back  its  history  goes 
it  is  impossible  to  say,  but  exclusion  from  employment  is 
such  an  obvious  weapon  of  industrial  warfare  that  it  is  hard 
to  believe  that  in  some  form  or  other  it  has  not  been  used 
since  the  inception  of  trade  unions. 

Whatever  may  be  the  case  in  other  countries,  so  far  as 
England  is  concerned,  the  closed  shop  is  "  coeval  with  Trade 
Unionism  itself."^  Moreover,  there  is  trustworthy  evidence 
that  even  before  trade  unions  proper  came  into  existence  the 
English  gilds  and  trade  clubs  of  handicraftsmen  discrimi- 
nated against  non-members.  Thus  Sidney  and  Beatrice 
Webb  assert  that  the  eighteenth  century  trade  clubs  of 
handicraftsmen  "would  have  scouted  the  idea  of  allowing 
any  man  to  work  at  their  trade  who  was  not  a  member  of 
the  club."^  Brentano  mentions  the  fact  that  some  of  the 
gild-statutes  of  the  sixteenth  and  seventeenth  centuries  pro- 
vided that  "  no  journeyman  was  to  work  with  a  non-mem- 
ber ;  "^  in  other  gild-statutes  appeared  the  rule  that  "  as 
long  as  members  of  the  gild  were  out  of  work,  no  member 
was  to  work  with  non-members."* 

In  the  early  years  of  English  trade  unionism  many  of  the 
unions  were  bitterly  opposed  to  working  with  "  unlawful 
persons,"  that  is,  persons  who  had  entered  a  trade  in  viola- 
tion of  the  Act  of  5  Elizabeth,  c.  4,  which  regulated  the 
system  of  apprenticeship.     Not  only  were  such  workmen 

*  Webb,  Industrial  Democracy,  p.  214. 

'Ibid.     See  also  Webb,  History  of  Trade  Unionism,  pp.  31,  46. 

*  Brentano,  On  the  History  and  Development  of  Gilds  and  the 
Origin  of  Trade  Unions,  pp.  96-97. 

*  Ibid.,  pp.  67-68. 

2  17 


1 8  The  Closed  Shop  in  American  Trade  Unions.      [448 

attacked  by  legal  methods/  but  strikes  were  also  called 
against  them.-  Jevons  notes  a  pamphlet,  "A  practical  and 
eligible  plan  to  secure  the  rights  and  privileges  of  me- 
chanics," published  in  1776,  which  outlines  a  scheme  for 
enabling  workmen  to  "  make  use  of  every  lawful  means  to 
prevent  those  from  exercising  the  calling  who  were  not 
authorized  by  law,  whether  as  journeymen  or  masters."^ 
Jevons  says  that  "  societies  appear  actually  to  have  been 
formed  on  the  basis  sketched  out." 

Probably  coincident  with  this  movement  seems  to  have 
been  the  adoption  of  regulations  by  many  of  the  English 
trade  societies  requiring  all  persons  engaged  in  the  trade  to 
observe  "  society  rules  "  if  they  wished  to  work  with  society 
members.  Thus  the  "Practical  and  eligible  plan"  of  1776 
suggested  a  "  grand "  or  central  committee  with  power  to 
use  "  every  legal  mode "  to  prevent  persons  from  working 
contrary  to  the  articles  and  resolutions  of  the  organization.* 
In  a  parliamentary  report  of  1806  reference  was  made  to 
the  fact  that  there  had  been  in  existence  for  some  time  an 
"  institution  or  society  among  the  woolen  manufacturers, 
consisting  chiefly  of  clothworkers,"  who  so  conducted  their 
organization  that  there  was  every  reason  to  believe  "  that  no 
clothworker  would  be  suffered  to  carry  on  his  trade,  other- 
wise than  in  solitude,  who  should  refuse  to  submit  to  the 
obligations  and  rules  of  the  society."^ 

As  also  indicating  the  early  origin  of  the  "principle  of 
exclusion,"  as  they  term  it,  the  historians  of  English  trade 
unionism  point  out  that  "  at  the  present  day  it  is  especially 
in  the  old-fashioned  and  long-established  unions  that  we  find 
the  most  rigid  enforcement  of  membership."^  While  the 
newer  organizations  incline  to  exclude  non-members  from 
employment,  it  is  among  the  firmly  established  unions,  with 

Webb,  History  of  Trade  Unionism,  p.  53. 

*  Brentano,  pp.  108,  112. 

Jevons,  The  State  in  Relation  to  Labor,  pp.  101-102. 

*  Ibid.,  p.  102. 

Report  of  the  Committee  on  the  Woolen  Manufactures,  quoted  by 
Webb,  History  of  Trade  Unionism,  p.  34. 

*  Webb,  Industrial  Democracy,  p.  215. 


449]  Development  of  the  Closed-Shop  Ride,  19 

a  long  history,  that  the  exclusion  of  such  persons  has  become 
almost  mechanical. 

It  is  probable  that,  through  emigration  to  America  and 
constant  communication  between  the  two  countries,  journey- 
men on  this  side  of  the  Atlantic  became  familiar  with  the 
policy  of  excluding  certain  persons  from  employment.  It 
was  impossible  for  the  early  American  trade  societies  to 
insist  in  any  thoroughgoing  fashion  upon  the  immediate  en- 
forcement of  the  closed  shop.  Only  a  small  part  of  the 
craftsmen  in  any  trade  were  society  members,  and  there  was 
little  intercourse  or  cooperation  between  isolated  local  or- 
ganizations. Once  well  under  way,  however,  trade  unions 
rapidly  developed,  and  their  increase  in  strength  was  accom- 
panied almost  always  with  an  increasing  insistence  upon  the 
exclusion  of  non-unionists. 

Owing  to  lack  of  data,  in  many  cases  it  is  impossible  to 
state  with  exactness  the  attitude  of  the  early  trade  societies 
toward  the  employment  of  non-unionists.  An  exception  ex- 
ists in  the  case  of  the  printers'  or  typographical  societies 
which  thrived  from  1802  onward,  since  a  considerable  part 
of  their  minutes  is  accessible.^ 

The  methods  used  by  the  early  typographical  societies  to 
enforce  their  trade  regulations  were  from  the  nature  of  the 
case  experimental.  The  chief  concern  of  the  societies  was 
the  maintenance  of  a  wage  scale.  It  was  believed  that  this 
purpose  could  be  accomplished  if  each  member  was  for- 
bidden to  work  for  less  than  the  established  rate,  but  print- 
ing offices  were  allowed  to  employ  non-members,  who  might 
or  might  not  obey  the  rules.  This  plan  was  soon  found  to 
be  defective,  since  non-members  frequently  cut  the  rate.  As 
early  as  May  16,  1807,  the  Philadelphia  Typographical  So- 
ciety appointed  a  committee  to  consider  the  matter.  The 
committee  in  its  report  proposed  that  a  conference  be  held 
with  the  master  printers,  and  that  such  changes  in  prices 

^  Barnett,  "  The  Printers :  A  Study  in  American  Trade  Unionism," 
in  American  Economic  Association  Quarterly,  October,  1909. 
Acknowledgment  is  here  made  of  the  very  substantial  assistance 
furnished  by  this  monograph.  The  sources,  however,  have  been 
examined  independently. 


20         The  Closed  Shop  in  American  Trade  Unions.      [450 

be  made  "as  the  nature  of  the  times  may  require  and  enable 
employers  in  all  cases  to  give  the  preference,  and,  if  possible, 
never  to  employ  any  others  than  members  of  this  institution, 
or  at  least  none  but  men  who  have  served  a  regular  appren- 
ticeship."^ The  suggestion  was  rejected  by  the  board  of 
directors  as  at  variance  with  the  established  policy  of  the 
society.  They  also  rejected  a  proposal  to  bar  from  future 
membership  all  persons  who  were  at  the  time  working  below 
the  price.  The  New  York  Typographical  Society  in  1810 
was  likewise  informed  by  a  committee  that  the  rate  was 
being  cut  in  certain  offices,  but  no  action  of  importance  was 
taken  on  the  report.^  It  was  also  found  in  the  enforcement 
of  the  apprenticeship  requirements,  the  only  other  trade 
regulation  made  by  these  societies,  that  while  society  mem- 
bers obeyed  the  rule  and  did  not  work  at  press  with  any 
person  who  was  not  "  regularly  bred,"  non-members  in  the 
same  office  could  and  did  teach  the  trade  to  such  persons. 

In  view  of  these  facts  it  became  necessary,  if  the  societies 
were  to  enforce  their  trade  rules,  to  devise  some  other 
method  of  dealing  with  the  situation.  The  immediate  devel- 
opment was  in  the  direction  of  requiring  the  employer,  under 
penalty  of  being  deprived  of  that  part  of  the  labor  supply 
controlled  by  the  society,  "  to  recognize  the  society  rules  as 
binding  upon  him  as  an  employer."'  First  to  act  was  the 
New  York  society.  On  July  22,  1809,  it  adopted  a  by-law 
providing  that  no  member  of  the  society  should  "  engage  or 
continue  when  there  is  a  journeyman  working  for  less  than 
the  established  prices."  The  rule  was  enforced  to  some 
extent,  but  there  was  considerable  reluctance  on  the  part  of 
many  members  to  give  up  their  positions  in  accordance  with 
the  requirement.  On  November  18,  1809,  the  by-law  was 
suspended,  and  it  was  finally  repealed  on  June  16,  1810.* 
An  attempt  to  revive  it  on  August  17,  181 1,  was  defeated. 

For  a  number  of  years  following  1816,  records  of  the  pro- 
ceedings of  the  printers'  societies  are  not  extant.     Later  on, 

'  Barnett,  p.  280. 
*Ibid.,  p.  281. 

*  Ibid.,  p.  282. 

*  Ibid.,  pp.  282-283. 


45 1]  Development  of  the  Closed-Shop  Rule.  21 

when  data  are  again  available,  it  can  easily  be  seen  that  the 
plan  of  the  New  York  society  had  been  readopted.  This  is 
indicated  by  the  following  typical  rule  in  the  constitution  of 
the  Baltimore  Typographical  Society  in  1832:  "No  member 
under  forfeit  of  membership  shall  work  in  any  office  where 
a  boy,  not  an  original  apprentice  of  that  office,  is  employed 
for  less  than  the  list  of  prices  demands  unless  the  boy  so 
employed  is  under  seventeen  years  of  age  or  shall  have  come 
from  an  office  the  proprietor  of  which  shall  have  deceased 
or  declined  business ;  nor  shall  any  member,  under  the  same 
forfeiture,  work  in  an  office  where  any  person  or  persons 
are  employed  for  less  than  the  list  of  prices  calls  for."^ 
The  employer  was  thus  required  to  observe  the  two  funda- 
mental rules  of  the  society  or  he  could  not  secure  the  ser- 
vices of  society  members.  The  rule  that  members  should 
work  only  in  offices  where  the  trade  rules  of  the  society  were 
observed  excluded  from  employment  with  unionists  only 
those  persons  who  could  not  obtain  the  society  rate.  The 
emergence  of  a  wider  policy  of  exclusion  was  due  to  a  differ- 
ent but  contemporaneous  line  of  development. 

To  secure  the  enforcement  of  wage  scales  and  apprentice 
rules,  it  was,  of  course,  necessary  for  the  societies  to  inflict 
some  penalty  upon  members  who  saw  fit  to  disobey  their 
regulations.  This  was  ordinarily  accomplished  by  expelling 
the  offenders  from  membership,  whereupon  they  became 
known  to  the  trade  as  "  rats,"  and  were  shunned  by  all  good 
unionists.  It  is  clear  that  long  before  the  printers'  societies 
refused  to  work  with  ordinary  non-union  men  there  was  an 
intense  feeling  against  working  with  "  rats,"  with  the  result 
that  strikes  were  called  in  shops  where  they  were  employed.^ 

Not  only  did  the  societies  object  to  working  with  those 
who  had  "  ratted  "  in  their  own  locality,  but  they  also  felt 
that  members  of  one  society  should  refuse  to  work  with 

*  Baltimore  Typographical  Society,  Constitution,   1832,  Art.  XI. 

*  Such,  for  example,  was  the  often  mentioned  strike  in  Albany  in 
1821,  referred  to  by  Thurlow  Weed  in  his  Autobiography,  p.  86. 
See  also  Barnett,  p.  288;  Wright,  The  Industrial  Evolution  of  the 
United  States,  pp.  233-234;  Ely,  The  Labor  Movement  in  America, 
p.  39- 


22         The  Closed  Shop  in  American  Trade  Unions.      [452 

journeymen  who  had  "  ratted  "  in  other  cities  where  societies 
existed.  Thus,  on  September  9, 1809,  the  New  York  society 
drafted  a  letter  to  be  sent  to  neighboring  cities,  urging  that 
there  be  an  interchange  of  information  concerning  the  move- 
ment of  "rats"  from  one  place  to  another.^  In  1816  the 
Albany  Typographical  Society  reported  to  New  York  the 
names  of  several  printers  who  had  worked  for  less  than  the 
bill  of  prices  after  having  been  "  several  times  warned  of  the 
consequences  which  would  result  from  their  proceedings."^ 
When  one  of  these  "  rats  "  came  to  New  York,  however,  the 
typographical  society  of  that  place,  after  some  hesitation, 
voted  that  its  members  who  were  working  with  him  "  be  at 
liberty  to  retain  their  situations."  The  aversion  to  working 
with  a  "  rat  "  gradually  grew  stronger  as  the  independent  so- 
cieties were  gathered  into  a  general  organization. 

Thus  far  we  have  seen  that  during  the  first  stage  in  the 
development  of  the  closed  shop  the  organized  printers  for- 
bade their  members  to  work  in  shops  which  did  not  observe 
the  two  cardinal  trade  regulations,  and  also  in  shops  where 
"  unfair "  workmen  were  employed.  But  the  closed  shop 
of  the  present  day  means  more  than  this,  for  it  excludes 
not  only  those  who  cannot  earn  the  minimum  rate  and  "  un- 
fair "  men,  but  all  non-union  men.  That  the  policy  of  ex- 
cluding all  non-unionists  was  under  consideration  at  a  very 
early  time  we  have  already  indicated.^  Almost  from  the 
outset  there  appeared  in  the  rules  of  the  societies  the  re- 
quirement that  employment  should  be  secured  for  society 
members  in  preference  to  non-members.  In  Philadelphia 
the  officers  were  pledged  to  this  at  their  installation.  Ac- 
cording to  a  rule  passed  by  the  board  of  directors  of  the 
society  on  February  21,  1807,  a  member  who  secured  work 
for  a  non-society  man  in  preference  to  a  fellow-member  was 
liable  to  be  expelled.*     Similar  provisions  were  made  by 

MS.   Minutes,  New  York  Typographical  Society,   September  9, 
1809. 
2  Ibid.,  October  12,  1816. 
'  See  above,  pp.  19-20. 

Barnett,  p.  284. 


453]  Development  of  the  Closed-Shop  Rule.  23 

other  societies;  but  although  members  were  occasionally 
arraigned  on  the  charge  of  having  violated  the  rule,  on  the 
whole  it  was  "but  loosely  observed."^ 

By  about  1840  the  closed-shop  rule  had  been  fully  devel- 
oped, and  the  printers'  associations  and  societies  in  exist- 
ence at  this  time  explicitly  provided  against  the  employment 
of  non-members  in  the  same  offices  with  society  members. 
The  rules  of  the  New  York  Typographical  Association  in 
1833  required  all  members  "  to  inform  strangers  who  come 
into  the  office  where  they  are  employed,  of  the  established 
wages,  and  also  of  the  existence  of  the  association  and  of 
the  necessity  of  becoming  members."-  In  the  constitution 
of  the  reorganized  Baltimore  society  of  1842  the  following 
rule  appeared :  "  Every  person  working  at  the  business  will 
be  required  to  make  application  to  join  this  society,  within 
one  month  from  the  time  of  his  commencing  work  at  any 
office  in  the  city.  .  ,  .  On  the  refusal  or  neglect  of  any  to 
comply  with  the  regulations  contained  in  the  foregoing  sec- 
tions or  in  case  of  the  rejection  of  the  applicant  .  .  .  the 
members  of  this  society  shall  cease  to  work  in  any  office 
where  such  person  may  he  employed."^ 

Unfortunately,  the  steps  in  the  development  of  the  closed- 
shop  rule  among  other  trades  cannot  be  traced  as  satis- 
factorily as  among  the  Printers,  since  very  few  of  the  early 
constitutions  and  minutes  are  extant.  In  five  or  six  trades, 
however,  facts  can  be  found  here  and  there  which  seem  to 
indicate  a  parallelism  with  the  experience  of  the  printers' 
societies. 

Next  in  interest  and  importance  to  the  Printers  are  the 
Cordwainers,  who  were  organized  in  Philadelphia  as  early 

*  On  November  i,  1817,  the  New  York  society  expelled  a  member 
on  a  charge  of  six  counts,  one  of  which  was  that  he  had  refused  "  to 
give  employment  to  a  member  of  this  society;  and  employing  one 
not  a  member  in  preference,  ...  a  distinct  violation  of  the  solemn 
pledge  he  has  repeatedly  given  us."  Whether  conviction  on  this 
count  alone  would  have  caused  his  expulsion  appears  doubtful. 

"  Barnett,  p.  285. 

'  Baltimore  Typographical  Society,  Constitution,  1842,  Art.  VI, 
Sees.  I,  ::. 


24         The  Closed  Shop  in  American  Trade  Unions.      [454 

as  1794.^  Societies  were  also  established  at  a  very  early 
time  in  Baltimore,  New  York,  Pittsburgh,  and  other  centers 
of  the  boot  and  shoe  trade.  Indictments  were  brought 
against  members  of  several  of  the  societies  for  "  a  combina- 
tion and  conspiracy  to  raise  their  wages. "^  From  the  re- 
ports of  these  trials  it  is  possible  to  ascertain  the  methods 
which  the  societies  adopted  to  enforce  their  trade  regula- 
tions and,  to  some  extent,  to  trace  the  stages  in  the  develop- 
ment of  these  methods. 

At  the  very  first  meeting  of  the  Pittsburgh  society,  organ- 
ized about  1809,  the  members  "  swore  not  to  work  for  any 
employer  who  would  not  give  the  wages. "^  Journeymen 
who  went  to  work  in  struck  shops  or  worked  under  the  scale 
were  "  scabbed,"  and  society  members  were  not  allowed  to 
work  with  them.  Very  shortly  thereafter  the  society  refused 
to  allow  its  members  to  work  with  non-union  journeymen. 
In  the  Philadelphia  society,  which  was  the  first  to  be  organ- 
ized, it  was  a  rule  from  the  beginning,  apparently,  that  no 
journeyman,  be  he  member  or  non-member,  should  be  al- 
lowed to  work  for  an  employer  at  less  than  the  established 
prices.*  Against  those  who  violated  this  regulation  the 
"  scab  law  "  was  applied  with  great  vigor.  "  Turn-outs  " 
against  "  scabs  "  were  frequent.  It  was  not  long,  however, 
before  all  non-members  were  excluded  from  employment. 

In  the  constitution  of  the  Journeymen  Cordwainers  of  the 
City  of  New  York,  printed  in  1805,  it  was  provided  that  "  no 
member  of  this  society  shall  work  for  an  employer,  that  has 
any  Journeyman  Cordwainer,  or  his  apprentice  in  his  em- 
ployment, that  do  not  belong  to  this  Society,  unless  the  jour- 

^  Documentary  History  of  American  Industrial  Society,  Vol.  Ill, 
edited  by  Commons  and  Gilmore,  p.  27. 

'The  trials  were  held  in  Philadelphia,  1806;  in  New  York  and 
Baltimore,  1809;  in  Pittsburgh,  1815;  in  Chambersburg,  Pennsyl- 
vania, 1829;  in  Geneva,  New  York,  1835;  in  Hudson,  New  York, 
1836. 

'  '  Report  of  the  Trial  of  the  Journeymen  Cordwainers,  of  the 
Borough  of  Pittsburgh.  Taken  by  Charles  Shaler,  Esq.  Reprinted 
in  Commons  and  Gilmore,  Vol.  IV,  p.  26. 

*  The  Trial  of  the  Boot  and  Shoemakers  of  Philadelphia.  Taken 
by  Thomas  Lloyd.  Reprinted  in  Commons  and  Gilmore,  Vol.  Ill, 
p.  74- 


455]  Development  of  the  Closed-Shop  Rule.  25 

neyman  come  and  join  the  same."^  If  the  non-member 
failed  to  join  the  society  within  a  specified  time,  a  fine  was 
imposed  upon  him  which  had  to  be  paid  before  he  could  be 
admitted  to  membership.^  A  similar  rule  applied  to  appren- 
tices who  had  become  "  free.''^  While  some  witnesses  at  the 
trial  declared  that  they  had  never  heard  of  a  "  turn-out " 
being  called  merely  because  non-members  were  employed  in 
a  shop,  the  bulk  of  evidence  indicates  that  such  strikes  or 
"  turn-outs  "  actually  occurred.  This  society  was  probably 
the  first  labor  organization  in  America  to  adopt  a  constitu- 
tion openly  asserting  the  principle  of  exclusion  and  applying 
it  to  all  non-members. 

But  while  the  cordwainers'  societies  which  came  latest 
under  judicial  notice,  such  as  the  Journeymen  Cordwainers 
of  the  Borough  of  Pittsburgh,  exhibit  comparatively  slight 
development  over  the  early  Philadelphia  society  in  their 
closed-shop  policy,  at  least  one  innovation  is  to  be  noted. 
The  Pittsburgh  society  in  June,  1815,  "brought  forward  a 
resolution  to  write  to  the  societies  in  Baltimore  and  Phila- 
delphia and  to  agree  with  them  not  to  receive  any  members 
of  their  societies,  unless  they  produced  certificates  of  belong- 
ing to  their  societies,  and  then  if  he  came  to  the  place  with- 
out one,  they  would  not  work  with  him.''*  One  employer 
testified  that  he  had  been  asked  to  discharge  a  journeyman 
who  had  "scabbed"  in  Baltimore,  but  on  his  refusal  to 
comply  with  the  request  the  Pittsburgh  cordwainers  "  did 
not  scab  the  shop."* 

The  tailors  were  also  organized  at  an  early  date.  From 
the  report  of  the  trial  of  the  Buffalo  tailors  for  conspiracy 
in  1824  it  is  evident  that  permission  to  employ  society  mem- 
bers was  contingent  upon  the  payment  by  an  employer  of  a 
minimum  wage  to  all  tailors,  union  and  non-union  alike, 

*  Trial  of  the  Journeymen  Cordwainers  of  the  City  of  New  York. 
Reported  by  William  Sampson.  Reprinted  in  Commons  and  Gil- 
more,  Vol.  Ill,  p.  366. 

'Ibid.,  p.  367  (Art.  XI). 
Mbid,  (Art.  XII). 

*  Ibid.,  Vol.  IV,  p.  31. 
» Ibid.,  p.  51. 


26         The  Closed  Shop  in  American  Trade  Unions.     [456 

and  upon  the  non-employment  of  "unfair"  journeymen. 
This  is  made  clear  by  a  statement  in  a  local  paper  of  the 
period  that  "a  singular  custom  among  the  Jours,  [that  is, 
journeymen]  to  coerce  the  refractory  was  proved  to  exist 
throughout  the  United  States,  by  which  the  person  who  re- 
fused to  come  into  the  measures  of  the  majority  or  who 
subsequently  to  a  turn  out  should,  before  an  arrangement 
was  had,  labor  at  the  same  place  for  less  than  the  wages 
demanded,  was  stigmatized  by  an  appropriate  name,  and 
rendered  too  infamous  to  be  allowed  to  labor  in  any  shop 
where  his  conduct  was  known."^  In  other  words,  a  "  scab  " 
was  not  allowed  to  work  with  society  members. 

From  the  report  of  the  trial  of  the  "  Twenty  Journeymen 
Tailors  "  of  New  York  in  1836  it  appears  that  members  of 
the  New  York  society  of  tailors  had  approached  journeymen 
who  were  working  at  "  shops  under  the  prohibition,"  tha^  is, 
struck  or  "  unfair  "  shops,  and  had  asked  them  "  to  abstain 
from  working  and  join  the  Society."  They  were  warned 
that  if  they  refused  to  comply  with  the  society's  wishes  they 
would  be  proscribed  "  in  such  a  manner,  that  they  could  not 
get  employment  in  regular  shops,  here  or  anywhere  else, 
where  there  were  unions."  They  were  told  that  members 
of  the  unions  would  "  refuse  even  to  work  with  them,  or  to 
work  in  any  shop  where  they  should  be  employed ;  and  liter- 
ally to  hunt  them  from  all  tailors'  society."^  If  this  testi- 
mony is  trustworthy,  it  seems  evident  that  persons  who  had 
"  scabbed "  in  one  locality  were  ostracized  in  every  com- 
munity where  the  tailors  were  organized.  Nothing  was  said 
in  the  course  of  the  trial  about  the  refusal  of  society  mem- 
bers to  work  with  non-members  who  were  not  "  scabs."  It 
is  probable  that  a  rule  of  this  sort  had  not  yet  been  adopted. 

In  a  Philadelphia  case,  however,  in  1827  it  appears  that 
non-union  tailors  were  barred  from  employment.  All  the 
witnesses  at  the  trial  of  the  journeymen  tailors  in  that  year 

*The  Buffalo  Emporium,  December  25,  1824;  the  article  is 
reprinted  in  Commons  and  Gilmore,  Vol.  IV,  p.  94. 

^The  New  York  Courier  and  Enquirer,  May  31,  1836;  the  article 
is  reprinted  in  Commons  and  Gilmore,  Vol.  IV,  p.  316. 


457]  Development  of  the  Closed-Shop  Rule.  27 

agreed  that  society  members  would  not  "  sit  alongside  "  a 
"  scab."  This  seems  to  have  been  the  fixed  policy  of  the 
Philadelphia  society.  One  witness  stated  that  the  society 
compelled  journeymen  to  join  it  after  they  had  "  worked  in 
a  shop  ten  or  twelve  days."  If  they  did  not  join,  "  each 
one  in  the  shop  would  be  liable  to  a  fine."^  Other  witnesses 
declared  that  this  was  not  the  case.  It  is  probable  that  each 
shop  had  "  its  own  rules. "^  In  some  shops  all  journeymen 
were  required  to  join  the  society,  while  in  others  non-mem- 
bers were  tolerated. 

The  cigar  makers  appear  to  have  effected  their  earliest 
organization  in  Baltimore  m  185 1.  For  the  first  four  and 
one  half  years  of  the  Baltimore  union's  existence  no  records 
of  its  proceedings  are  available.  From  the  earliest  minutes 
extant  it  appears  that  in  February,  1856,  the  society  required 
its  members  not  to  work  for  less  than  the  established  wage 
rate,  but  did  not  discriminate  against  non-unionists  who 
worked  for  less.  As  a  result  of  an  attempt  to  decrease 
wages,  the  union  on  February  28,  1856,  voted  that  no  mem- 
ber should  accept  work  in  certain  shops.  This  did  not  end 
the  difficulty,  as  non-unionists  continued  to  work  in  some  of 
the  shops  below  the  scale.  This  led  the  union  to  notify 
wage-cutting  non-members  that  they  should  cease  work  on 
penalty  of  having  "  the  hands  of  the  association  refuse  to 
work  with  them  in  the  association  shops. "^ 

The  rule  that  non-union  men  should  not  work  at  less  than 
union  wages  did  not  give  the  union  control  over  the  situa- 
tion, and  on  March  17,  1856,  the  association  voted  that  no 
member  of  the  organization  should  thereafter  "  work  with 
any  man  unless  he  is  a  member  of  the  association  or  gives  his 

*  Trial  of  Twenty-four  Journeymen  Tailors,  charged  with  a  Con- 
spiracy :  Before  the  Mayor's  Court  of  the  City  of  Philadelphia, 
September  Sessions  1827.  Reported  by  Marcus  T.  Gould.  Reprinted 
in  Commons  and  Gilmore,  Vol.  IV,  p.  141. 

'  Ibid.,  p.  133. 

*  MS.  Proceedings  of  the  Cigar  Makers'  Society  of  the  State  of 
Maryland,  1856-1863.  It  was  on  March  14,  1856,  that  this  notice  was 
given  to  the  workmen  of  a  Mr.  Cromer.  It  had  the  effect  of  bring- 
ing all  but  two  of  his  men  into  the  union,  though  all  that  was  con- 
templated at  the  time  was  to  make  them  leave  their  work. 


28         The  Closed  Shop  in  American  Trade  Unions.     [458 

consent  to  be  a  member  at  the  first  meeting  night."  On 
August  4,  1856,  unanimous  consent  was  given  to  call  a 
strike  in  a  shop  against  a  Mr.  Lohman,  "  he  refusing  to  join 
the  association."  On  no  occasion  thereafter  does  the  rule 
seem  to  have  been  suspended.^ 

In  1854  the  cigar  makers'  unions  of  New  York  State, 
according  to  McNeil,^  refused  to  work  with  "  rats "  or 
"  scabs,"  especially  in  what  were  termed  "  fair "  shops. 
Whether  there  had  developed  an  intercity  proscription  of 
scabs  is  not  clear  from  McNeil's  statement.  In  September, 
1856,  however,  the  Baltimore  Cigar  Makers  sent  to  the  Phila- 
delphia and  New  York  unions  the  names  of  a  number  of 
journeymen  who  had  refused  to  obey  a  strike  order.  While 
the  purpose  in  forwarding  this  list  is  not  expressed,  it  could 
only  have  been  to  notify  these  unions  that  those  named  were 
not  to  be  allowed  to  work  in  organized  shops.  In  Decem- 
ber, i860,  the  Maryland  association,  after  considerable  de- 
bate, decided  to  notify  all  other  societies  in  the  trade  that 
after  January  i,  1861,  its  members  would  not  work  with  any 
stranger  coming  from  a  place  where  a  cigar  makers'  organi- 
zation existed  unless  he  could  produce  a  certificate  of  mem- 
bership therein. 

The  Hollow  Ware  Glassblowers'  Union  of  the  United 
States  held  the  second  annual  meeting  of  its  Grand  Union 
in  1858.  At  that  time  a  resolution  was  adopted  which  at 
least  suggests  that  a  closed-shop  policy  was  developing.  It 
provided  that  union  members  were  not  to  work  "  in  any  fac- 
tory with  any  journeyman  who  is  working  for  a  less  rate  of 
wages  than  the  list  of  prices."  Furthermore,  union  mem- 
bers were  not  to  work  "  in  any  factory  with  any  one  who 
has  a  molder  or  finisher,  or  an  assistant,  in  making  bottles 
or  vials,  or  for  any  other  purpose  than  gathering  glass,  ex- 
cept such  assistant  be  a  regular  journeyman  or  apprentice 
to  the  business."^ 

*  On  June  2,  1856,  all  of  Mr.  Cromer's  non-union  hands  were 
notified  to  "join  the  association  forthwith." 

'  McNeil,  The  Labor  Movement :  The  Problem  of  Today,  pp.  585- 
586. 

«"  History  of  the  Glass  Bottle  Blowers'  Association,"  1901. 


459]  Development  of  the  Closed-Shop  Rule.  29 

In  the  constitution  of  the  Benevolent  and  Protective  Asso- 
ciation of  United  Operative  Mule  Spinners  of  New  Eng- 
land for  1858  it  was  provided  that  all  members  of  the  or- 
ganization were  to  "  intercede  for  employment  for  any  of 
its  members  out  of  employ  in  preference  to  all  other  Spin- 
ners."^ It  is  probable  that  from  this  rule  developed  the 
policy  of  excluding  non-unionists  from  employment.  A 
number  of  unions,  for  example  the  Potters,^  the  Long- 
shoremen,' and  the  Iron,  Steel  and  Tin  Workers,*  retain 
"  preferential "  clauses  in  their  constitutions,  survivals  in  all 
probability  of  the  original  attitude  toward  non-unionists. 
None  of  these  unions,  at  present,  are  willing  to  work  with 
non-unionists. 

The  early  history  of  the  Iron  Molders  also  shows  an  in- 
teresting development  of  the  closed-shop  rule.  In  the  con- 
stitution of  the  Iron  Stove  and  Hollow  Ware  Moulders  of 
Philadelphia  for  1855  emphasis  was  laid  upon  the  provision 
that  no  member  should  work  for  less  than  the  standard  rate 
in  a  shop  "  represented  in  the  union  by  an  executive  com- 
mittee," except  by  the  consent  of  such  committee.  Members 
were  not  allowed  to  work  in  a  "  represented  "  foundry  where 
any  journeyman,  "  whether  a  member  of  this  association  or 
not,"  accepted  less  than  the  minimum  rate."  The  associa- 
tion, however,  made  no  attempt  to  compel  members  or  non- 
members  to  observe  the  wage  scale  in  foundries  "  not  repre- 
sented in  the  union."  Members  working  in  such  establish- 
ments were  granted  cards  exempting  them  "  from  the  pay- 
ment of  dues  and  the  laws  in  regard  to  prices  and  all  other 
regulations  of  the  union  that  may  not  be  applicable  in  such 
a  case."  Upon  returning  to  work  in  an  organized  shop  the 
surrender  of  the  cards  and  the  privileges  consequent  upon 
them  was  required.® 

»  General  By-Laws,  Sec.  6. 

'  Constitution,  1910,  Rules  and  regulations  of  local  unions.  Sec.  226. 
•Constitution,  1909,  Rules  for  Locals,  Sec.  17. 
^Constitution,  1909,  Art.  XVII,  Sec.  11.     This  section  was  orig- 
inally adopted  in  1876. 
'Article  VI,  Sec.  i. 
•Article  II,  Sec.  4. 


30         The  Closed  Shop  in  American  Trade  Unions.      [460 

It  appears  from  these  rules  that  the  Holders  differed  from 
the  societies  of  cigar  makers,  printers,  and  cordwainers  in 
that  they  did  not  require  their  members  to  observe  the  union 
scale  in  all  shops. ^  Neither  did  the  Holders  during  the 
early  period  in  the  history  of  their  national  union  forbid  the 
employment  of  members  in  "  scab  shops."  A  resolution  to 
that  effect  was  "  indefinitely  postponed  "  by  the  convention 
of  1866,^  but  the  local  unions  for  the  most  part  did  not  allow 
members  to  work  in  such  shops.  In  1867  an  attempt  to 
secure  the  adoption  of  an  International  closed-shop  rule  was 
defeated,^  and  instead  the  convention  indorsed  a  resolution 
declaring  that  it  was  "  bad  policy  for  union  men  to  quit  work 
on  account  of  non-union  men  working  in  the  same  shops," 
and  that  "  union  men  do  all  in  their  power  to  get  non-union 
men  in  said  shops  to  join  the  union."  But  three  years  later 
the  union  at  its  annual  session  voted  down  a  resolution  "  that 
it  should  not  be  considered  to  the  interest  of  the  Interna- 
tional Union  for  men  to  cease  work  in  a  shop  where  one 
man  refuses  to  conform  to  union  principles."*  This  change 
in  attitude  was  probably  owing  largely  to  the  rapid  increase 
in  the  strength  of  the  union  from  1867  to  1870. 

From  the  foregoing  survey  it  appears  that  the  same  stages 
in  the  development  of  the  closed-shop  rule  have  been  re- 
peated in  union  after  union.  There  are  a  few  American 
trade   unions    even   today   that    are    no    further    advanced 

^  Owing  to  industrial  depression,  the  union  was  compelled  as  late 
as  1877  to  sanction  the  employment  of  its  members  in  unorganized 
foundries  at  the  same  wages  as  non-union  men  (Iron  Molders' 
Journal,  June,  1877,  p.  361). 

^  Proceedings  of  the  Seventh  Annual  Session,  1866,  p.  28. 

'  Proceedings  of  the  Eighth  Annual  Session,  1867,  p.  53. 

*  Proceedings  of  the  Tenth  Annual  Session,  1870,  p.  26.  It  is 
interesting  to  note  in  this  connection  that  at  the  convention  of  the 
Bricklayers  and  Masons  in  1869  a  committee  recommended  that 
"  the  question  of  allowing  union  bricklayers  to  work  for  bosses 
employing  five  non-union  bricklayers  be  left  with  the  local  unions." 
The  recommendation  was  defeated.  In  both  this  case  and  that  of 
the  Molders  just  mentioned,  if  the  proposals  had  been  adopted  a 
compromise  would  have  been  effected.  Non-unionists  would  not 
have  been  entirely  excluded  from  employment  with  union  men,  but 
the  number  allowed  in  "  organized "  shops  would  have  been 
severely  limited. 


461]  Development  of  the  Closed-Shop  Rule.  31 

toward  a  closed-shop  rule  than  were  the  Printers  of  New 
York  or  Philadelphia  in  the  first  years  of  their  organization. 
The  two  associations  of  Post  Office  Clerks,  the  Stationary 
Engineers,  and  the  Letter  Carriers  do  not  require  non- 
members  to  conform  to  any  of  the  regulations  adopted  for 
the  control  of  members.  The  objects  of  these  unions  are 
to  secure  legislation  and  to  provide  a  system  of  benefits. 
They  do  not  bargain  collectively  with  their  employers.  The 
Steel  Plate  Transferers  have  no  wage  scale,  sign  no  agree- 
ments, and  allow  individual  bargaining,  but  there  is  an  un- 
written rule  that  union  members  shall  secure  employment 
for  each  other  in  preference  to  non-members. 

A  second  class  of  unions  have  no  objection  to  their  mem- 
bers' working  with  non-members,  but  insist  that  the  latter 
shall  observe  the  union  trade  regulations.  No  member  is 
allowed  to  obtain  employment  in  a  shop  where  a  strike  is 
in  progress,  but  there  is  no  organized  resistance  if  the  em- 
ployer retains  "  scabs  "  or  strike-breakers  in  his  employment 
after  a  strike  has  been  settled.  In  reality,  the  "  scab  "  under 
such  circumstances  is  ostracized,  with  the  result  that  sooner 
or  later  he  usually  leaves  his  job.  The  unions  which  take 
this  position  with  reference  to  the  closed  shop  are  the  four 
railroad  brotherhoods,  namely,  the  Engineers,^  the  Firemen, 
the  Conductors,  and  the  Trainmen,  together  with  the  Switch- 
men, the  Car  Workers,  the  Maintenance-of-Way  Employees, 
the  Masters,  Mates  and  Pilots,  and  the  Railroad  Telegra- 
phers. All  of  these  organizations,  as  will  be  noted,  are 
connected  with  the  work  of  transportation. 

The  great  majority  of  American  labor  unions  fall  in  the 
third  class  and  accept  the  principle  of  the  closed-shop  rule. 
Whether  they  insist  upon  its  enforcement  or  not  depends 
largely  upon  expediency.  It  often  happens  that  a  union 
which  would  like  to  enforce  the  closed  shop  is  compelled  to 
tolerate  non-unionists.  The  Commercial  Telegraphers  and 
the  Textile  Workers,^  for  instance,  allow  their  members  to 

*  When  first  organized  in  1863,  it  seems  that  the  Engineers 
demanded  a  closed  shop.    See  below,  p.  ^y. 

*  In  a  few  cases  local  unions  of  the  Textile  Workers  have  struck 
against  the  employment  of  non-unionists,  but  their  action  has  not 
had  the  sanction  of  the  national  "  emergency  board." 


32         The  Closed  Shop  in  American  Trade  Unions.     [462 

work  in  open  shops  because  they  are  not  strong  enough  to 
do  otherwise.  In  every  closed-shop  union  there  are  times 
when  it  is  inexpedient  to  attempt  the  exclusion  of  non- 
unionists.  There  are  thus  a  few  open  shops  in  the  juris- 
diction of  almost  every  closed-shop  union.  It  is  customary 
for  the  unions  to  insist  that  members  employed  in  these 
shops  shall  receive  union  wages. ^  In  many  cases  the  unions 
also  require  that  non-union  men  shall  be  employed  under 
union  conditions  before  union  men  can  go  into  the  shops. 

^  Glass  Bottle  Blowers,  Proceedings  of  the  Thirtieth  Annual  Ses- 
sion, 1906,  p.  254. 


CHAPTER  II. 

The  History  of  the  Closed-Shop  Movement. 

In  the  preceding  chapter  it  has  been  shown  that  the  Print- 
ers, Cordwainers,  and  Tailors  had  developed  the  closed  shop 
fully  by  about  1835.  A  similar  movement  had  begun  among 
the  Hatters.  In  1822  three  workmen  of  that  trade  in  New 
York  City  refused  to  work  with  journeymen  who  were  not 
members  of  a  local  hatters'  society.^  Whether  the  closed  shop 
had  been  adopted  prior  to  1835  ^Y  societies  in  any  trades 
other  than  the  four  mentioned  cannot  be  ascertained  from 
existing  data.  It  seems  likely  that  the  shipwrights,  house 
carpenters,  and  other  organized  workmen  followed  the  same 
policy.  An  interesting  piece  of  evidence  in  this  direction 
is  found  in  a  complaint  made  by  the  master  house  carpenters 
of  Philadelphia  against  the  "  Trades'  Union  "  of  that  city  in 
1836.  The  Trades'  Union  was  a  central  labor  organization, 
with  which  the  society  of  journeymen  carpenters  was  affil- 
iated. The  Trades'  Union,  said  the  masters,  encouraged 
strikes.  But,  they  declared,  "the  evil  does  not  rest  here, 
[because]  in  order  to  ensure  the  growth  and  continuance  of 
the  combination,  it  is  arrogantly  required,  that  no  master 
workman  shall  employ  any  Journeyman  who  is  not  a  mem- 
ber of  the  Trades'  Union. "^  The  language  of  the  protest 
may  be  construed  to  mean  that  every  organization  affiliated 
with  the  Trades'  Union  enforced  the  closed  shop  or  even 
that  members  of  one  union  refused  to  work  with  non- 
unionists  of  another  trade,  but  it  is  more  probable  that  the 
masters  referred  only  to  the  policy  of  the  Carpenters.  In 
the  same  year  two  journeymen  plasterers  w'ere  brought  be- 
fore the  recorder's  court  of  Philadelphia  charged  with  con- 

*  The  People  v.  Trequier,  i  Wheeler's  Criminal  Cases,  p.  142. 

'  The  Pennsylvanian,  March  17,  1836,  p.  2.  Article  reprinted  in 
Documentary  History  of  American  Industrial  Society,  Vol.  VI, 
edited  by  Commons  and  Sumner,  p.  51. 

3  33 


34         The  Closed  Shop  in  American  Trade  Unions.      [464 

spiracy  because  of  their  refusal  to  work  for  an  employer 
who  would  not  discharge  another  journeyman  "  not  a  mem- 
ber of  the  Trades'  Union."^ 

In  1846  the  Carpet  Weavers  probably  enforced  the  closed- 
shop  rule,  since  their  constitution  provided  that  when  an 
operative  went  from  one  factory  to  another  he  must  secure 
a  certificate  "  to  present  to  the  President  or  Committee  of 
the  Factory  he  goes  to."'  In  1854  the  cigar  makers'  unions 
of  New  York  State,  as  has  been  mentioned,  refused  to  work 
with  "scabs,"  while  in  1856  the  Baltimore  society  took  the 
same  attitude  toward  all  non-union  men.^  In  1855  the  Iron 
Molders*  and  in  1858  the  Hollow  Ware  Glass  Blowers^  and 
the  Mule  Spinners  had  begun  to  develop  the  closed-shop 
rule.®  The  Glass  Blowers  were  probably  the  first  national 
union  to  adopt  a  rule  as  to  what  persons  its  members  might 
work  with.  In  1857  and  1858  many  local  unions  of  the 
Stone  Cutters  reported  that  they  had  refused  to  work  with 
journeymen  who  would  not  become  members.'' 

If  the  available  evidence  is  summed  up,  it  may  be  said 
that  practically  every  trade  union  formed  prior  to  the  Civil 
War  was  in  favor  of  excluding  non-members  from  employ- 
ment. Often,  of  course,  they  were  not  able  to  carry  this 
policy  into  practice.  Moreover,  the  numerous  prosecutions 
for  conspiracy  brought  against  the  trade  societies  from  1806 
to  1842  undoubtedly  acted  as  a  deterrent  on  the  development 
of  a  rigid  closed-shop  policy.  In  practically  all  of  these 
trials  of  which  the  reports  have  been  preserved  it  was  the 
exclusion  from  employment  on  which  greatest  stress  was 
laid  by  the  prosecuting  officers.  Except  in  the  cases  of  the 
Hudson  Shoemakers  (1836)  and  the  Philadelphia  Plasterers 

^  National  Laborer,  July  16,  1836.  Article  reprinted  in  Commons 
and  Gilmore,  Vol.  IV,  pp.  338-341. 

^  Weekly  Tribune,  September  12,  1846.  Article  reprinted  in  Docu- 
mentary History  of  American  Industrial  Society,  Vol.  VIII,  edited 
by  Commons,  pp.  240-242. 

^  See  above,  pp.  27-28. 

*  See  above,  pp.  2CH30. 

"  See  above,  p.  28. 

"  See  above,  p.  29. 

^  Stone  Cutters'  Circular,  September,  1857,  p.  i ;  June,  1858,  p.  5. 


465]  History  of  the  Closed-Shop  Movement.  35 

(1836),  the  juries  returned  verdicts  of  guilty.  Light  fines 
were  ordinarily  imposed  upon  the  defendants,  but  in  the 
case  of  the  New  York  Tailors  (1836)  the  court,  in  spite  of 
a  recommendation  for  clemency,  fined  the  president  of  the 
society  a  hundred  and  fifty  dollars,  one  member,  "  who  made 
himself  particularly  conspicuous,"  a  hundred  dollars,  and 
the  remainder  fifty  dollars  each.  The  leniency  of  the 
courts  was  owing  in  part  to  the  belief  that  the  defendants 
had  "  erred  from  a  mistake  of  the  law,"  as  Mayor  DeWitt 
Clinton  said  in  passing  sentence  upon  the  New  York  Cord- 
wainers.  Another  reason  doubtless  was  that  the  combina- 
tions had  not  as  yet  attained  such  power  as  to  incite  fear. 

All  of  the  conspiracy  cases  aroused  much  interest  and 
excitement  at  the  time.  After  the  trial  of  the  Baltimore 
Cordwainers,  for  instance,  the  fear  was  expressed  in  some 
of  the  local  newspapers  "  that  the  verdict  would  prove  a 
death  blow  to  every  organized  society."^  While  this  was 
not  the  case,  it  is  evident  that  the  cordwainers'  societies 
against  whose  members  convictions  were  secured  were  less 
active  in  discriminating  against  non-members  for  a  consid- 
erable period  after  their  respective  trials.  Mayor  Clinton 
warned  the  New  York  society  members  in  1809  "  so  to  alter 
and  modify  their  rules  and  their  conduct,  as  not  to  incur  in 
the  future  the  penalties  of  the  law."-  That  this  was  done 
may  be  inferred  from  a  remark  of  the  prosecuting  attorney 
in  the  Philadelphia  Tailors'  case  (1827),  who  said  that  the 
exclusive  employment  of  society  members  had  been  requited 
by  the  Cordwainers  in  New  York  "  until  the  firmness  and 
independence  of  a  Court  and  Jury  put  an  end  to  it  there. "^ 
Indeed  it  is  "  barely  possible  that  the  difficulty  of  carrying 
out  strikes  or  other  strategic  industrial  measures  without 
conflict  with  the  common  law  principle  of  criminal  con- 
spiracy may  have  been  one  of  the  causes  which  .  .  .  in- 
duced trade  societies  in  various  parts  of  the  country  to  aban- 

'  Glocker,    "  Trade    Unionism    in    Baltimore    before    the    War    of 
1812,"  in  Johns  Hopkins  University  Circular,  April,  1907,  p.  28. 
*  Commons  and  Gilmore,  Vol.  Ill,  p.  385. 
="  Ibid.,  Vol.  IV,  pp.  177-178. 


36         The  Closed  Shop  in  American  Trade  Unions.     [466 

don  their  industrial  aims,  or,  at  least,  to  conceal  them  under 
benevolent  activities."^  Those  who  were  opposed  to  labor 
combinations  felt  assured,  at  any  rate,  that  they  had  put 
"  an  end  to  those  associations  "  which  had  been  "  so  preju- 
dicial to  successful  enterprise  of  the  capitalists  .  ,  .  and  so 
subversive  to  the  best  interests  "  of  the  country.^ 

With  the  great  spread  of  trade  unionism  in  the  thirties  the 
societies  again  began,  as  has  been  noted,  to  enforce  the  closed 
shop.  The  decision  of  Chief  Justice  Savage  of  the  supreme 
court  of  judicature  of  the  State  of  New  York  in  the  Geneva 
Shoemakers'  case^  in  1835  was  a  severe  blow  to  this  develop- 
ment. The  outcome  of  the  Hudson  Shoemakers'  case  the 
year  following  was  hailed  by  the  unionists  as  "  rescuing  the 
rights  of  the  Mechanics  from  the  grasp  of  Tyranny  and 
Oppression."*  A  note  of  elation  over  the  victory  for  the 
closed  shop  in  the  Philadelphia  Plasterers'  case  in  1836  was 
also  sounded  in  the  National  Laborer.^  From  this  time  on- 
ward verdicts  and  decisions  adverse  to  the  right  of  society 
members  to  discriminate  against  non-members  caused  the 
unions  much  less  apprehension  than  before. 

From  i860  to  1870  the  union  which  pursued  the  closed- 
shop  policy  with  the  greatest  energy  was  the  Molders. 
During  this  period  notices  constantly  appeared  in  their  jour- 
nal, warning  workmen  that  they  must  carry  union  cards  in 
order  to  obtain  employment  in  certain  localities.®  The  ac- 
tivity of  the  union  in  enforcing  this  rule  called  forth  a 
protest  from  employers  in  1863,  when  the  Iron  Founders 
and  Machine  Builders'  Association  of  the  Falls  of  the  Ohio 
in   an   address   to  the   trade   declared   that   discrimination 

*  docker,  p.  28. 

*  Preface  to  the  Report  of  the  Trial  of  the  Journeymen  Cord- 
wainers  of  the  Borough  of  Pittsburgh.  Commons  and  Gilmore, 
Vol.  IV,  pp.  16-17. 

'People  V.  Fisher,  14  Wendell  (N.  Y.),  9. 

*  From  the  title  page  of  the  report  of  the  trial  of  the  Hudson 
Shoemakers.     Commons  and  Gilmore,  Vol.  IV,  p.  277. 

"July  16,  1836.     Article  reprinted  in  Commons  and  Gilmore,  Vol. 
IV,  p.  338. 
•Iron  Holders'  Journal,  July,  1864,  p.  44;  August,  1864,  p.  38. 


467]         History  of  the  Closed-Shop  Movement.  37 

against  non-unionists  meant  "  arbitrary  interference  with 
the  business  management  "  of  employers.^ 

In  1864  the  Ship  Owners  and  Ship  Builders'  Association 
of  Buffalo  in  a  circular  to  vessel  owners  asked  them  to  dis- 
criminate against  members  of  the  Ship  Carpenters  and 
Caulkers'  Union,  which  had  become  so  "obnoxious,  .  .  . 
dictatorial,  .  .  .  ruinous  and  monstrously  exhorbitant "  in 
its  demands  as  to  assert  that  "  this  man  or  that,  shall  not 
be  employed  unless  he  first  becomes  a  member  of  their 
union. "2  Even  more  interesting  are  the  resolutions  adopted 
by  the  board  of  directors  of  the  Galena  and  Chicago  Union 
Railroad  Company  in  the  same  year.  The  text  of  the  reso- 
lutions leads  one  to  infer  that  the  "  Brotherhood  of  the 
Footboard,"  now  known  as  the  Brotherhood  of  Locomotive 
Engineers,  demanded  the  right  to  "  dictate  "  to  the  railroad 
company  "whom  they  shall  or  shall  not  employ."^  When 
in  July,  1864,  an  attempt  was  made  to  organize  a  general 
association  of  employers  to  combat  the  "  dangerous  atti- 
tude "  of  labor,  the  appeal  for  a  convention  set  forth  that 
the  unions  assumed  "  to  dictate  to  employers  .  .  .  who  shall 
be  discharged  and  who  retained ;  when,  and  on  what  terms 
our   establishments   and  business   may  be  operated."* 

From  the  late  sixties  on,  the  closed  shop  assumed  increas- 
ing importance  among  union  policies.  Industrial  develop- 
ment was  proceeding  on  a  tremendous  scale,  while  every 
year  the  stream  of  immigration  increased.     Scattered  local 

1  Fincher's  Trades  Review,  October  3,  1863.  Article  reprinted  in 
Documentary  History  of  American  Industrial  Society,  Vol.  IX, 
edited  by  Commons  and  Andrews,  pp.  89-97. 

^  Ibid.,  April  2,  1864.  Article  reprinted  in  Commons  and  Andrews, 
Vol.  IX,  pp.  104-105. 

*  Ibid.,  June  4,  1864.  Article  reprinted  in  Commons  and  Andrews, 
Vol.  IX,  p.  107.  The  Brotherhood  of  the  Footboard  was  organized 
on  August  17,  1863.  Its  demand  for  the  closed  shop  at  this  period 
in  its  history  may,  perhaps  be  explained  by  the  fact  that  as  first  con- 
stituted it  included  foremen  and  machinists  as  well  as  engineers. 
On  February  22,  1864,  however,  it  limited  its  membership  to  loco- 
motive engineers  (Kennedy,  "  Beneficiary  Features  of  American 
Trade  Unions,"  in  Johns  Hopkins  University  Studies  in  Historical 
and  Political  Science,  Ser.  XXVI,  Nos.  11-12,  pp.  19-20). 

*  Ibid.,  August  13,  1864.  Article  reprinted  in  Commons  and 
Andrews,  Vol.  IX,  p.  109. 


38         The  Closed  Shop  in  American  Trade  Unions.      [468 

unions  were  rapidly  formed  into  national  organizations. 
All  the  conditions  were  favorable  to  the  development  of  a 
policy  of  exclusion. 

From  1868  to  1873  the  Knights  of  Saint  Crispin,  an  or- 
ganization of  journeymen  shoemakers,  carried  on  eight 
strikes  against  the  employment  of  non-union  men.  All  but 
one  of  these  ended  in  failure.^  Other  organizations,  such 
as  the  Coopers,  Granite  Cutters,  Sons  of  Vulcan,  and  the 
Iron  and  Steel  Roll  Hands  made  vigorous  demands  for  the 
closed  shop  from  1870  to  1880,  and  in  some  cases^  inserted 
rules  in  their  national  constitutions  forbidding  members  to 
work  with  or  aid  non-members.  Unions  like  the  Iron 
Molders,  Cigar  Makers,  Hatters,  and  Typographical  Union 
enforced  the  closed  shop  with  increasing  strictness.  In 
1873  the  editor  of  the  Iron  Holders'  Journal  declared  that 
from  what  he  had  heard  and  seen  it  was  a  "  risky  business 
to  travel  without  a  card."^  The  unions  of  the  building 
trades,  notably  the  Bricklayers  and  Masons  and  the  Car- 
penters, were  also  strongly  in  favor  of  the  closed  shop,  and 
soon  reached  a  preeminence  in  its  enforcement  which  they 
have  retained  until  the  present  day. 

Two  important  advances  in  closed-shop  policy  were  also 
well  under  way  by  1875.  In  the  first  place,  arrangements 
were  effected  between  different  unions  of  allied  trades  under 
which  "  scabs  "  and  other  non-unionists  were  discriminated 
against  jointly  by  such  unions.  Secondly,  the  initial  im- 
pulse had  been  given  to  a  movement  to  make  an  employer's 
entire  business  and  not  a  single  shop  the  "  unit "  of  the 
closed  "  shop."  Material  made  by  non-unionists  was  also 
discriminated  against.  The  development  of  these  forms  of 
discrimination   will   be   treated   in   the   respective   chapters 

^  Third  Annual  Report  of  the  Commissioner  of  Labor,  1887,  pp. 
1052-1055. 

■  Sons  of  Vulcan,  Constitution,  1874,  Subordinate  Forge,  Art.  XI, 
Sec.  3.  Iron  and  Steel  Roll  Hands,  Constitution,  1874,  Constitution 
of  Subordinate  Lodges,  Art.  XII,  Sec.  3.  In  1876.  on  the  amalgama- 
tion of  these  two  unions  into  the  Amalgamated  Association  of  Iron, 
Steel  and  Tin  Workers,  the  closed  shop  was  provided  for  in  the 
latter's  constitution  for  subordinate  lodges,  Art.  XV,  Sees,  i,  2. 

'Iron  Holders'  Journal,  August,  1873,  p.  69. 


469]  History  of  the  Closed-Shop  Movement.  39 

devoted  to  them,  under  the  captions  "  Joint  Closed  Shop  " 
and  "  Extended  Closed  Shop." 

An  influence  which  made  strongly  for  the  increasing  pop- 
ularity of  the  closed  shop  from  1880  on  was  the  trade-union 
label.  The  first  label  was  adopted  by  the  Cigar  Makers' 
Association  of  the  Pacific  Coast  in  1875/  ^^^  i^^  1880  a 
national  organization,  the  Cigar  Makers'  International 
Union,  adopted  this  device.^  Within  the  next  ten  years  the 
Knights  of  Labor  and  nine  national  unions  followed  this 
example.^  From  that  time  forward  labels  came  into  use 
among  the  unions  with  increasing  rapidity.  The  label  was 
issued  only  to  shops  which  employed  union  members  exclu- 
sively.* The  number  of  closed  shops  in  many  unions  was 
soon  materially  increased  by  the  demand  for  label  goods. 
Still  more  important,  however,  was  the  influence  of  the 
label  upon  unions  which  had  heretofore  been  indifferent 
concerning  the  closed  shop.  By  the  propaganda  for  the 
sale  of  label  goods  attention  was  called  to  the  fact  that  the 
label  stood  for  the  closed  shop  as  opposed  to  open-shop  and 
non-union  conditions.  The  effect  of  advertising  the  closed 
shop  by  the  "  label  trades  "  was  to  arouse  interest  in  the 
same  policy  in  other  unions. 

The  campaign  for  the  closed  shop  was  carried  on  among 
a  large  number  of  unions  between  the  years  1885  and  1893. 
The  strong  closed-shop  unions  already  mentioned  were 
joined  by  the  Lasters,  Glass  Bottle  Blowers,^  Window  Glass 
Workers,^  Flint  Glass  Workers,  Machinists,  and  many  local 

^  Spedden,  "  The  Trade  Union  Label,"  in  Johns  Hopkins  Studies 
in  Historical  and  Political  Science,  Ser.  XXVHI,  No.  2,  p.  10. 

*  Ibid.,  p.  14. 
'Ibid.,  p.  18. 

*  Until  1883  the  Cigar  Makers  allowed  the  label  to  be  used  on  the 
product  of  a  union  member  who  worked  in  the  same  shop  with 
non-unionists   (Ibid.,  p.  51). 

'  Then  known  as  Knights  of  Labor,  District  Assembly  No.  149. 

'  In  1889  the  president  of  the  Window  Glass  Workers,  Local 
Assembly  300,  Knights  of  Labor,  stated  in  his  report  that  since  the 
formation  of  the  Universal  Federation  of  Window  Glass  Workers, 
an  international  organization  of  European  and  American  unions, 
there  had  not  been  "  one  single  non-union  factory  in  the  country  " 
(Report  of  the  Fifth  Convention,  1889,  p.  21).  This  condition  is 
said   to   have   continued    down    to    1903.      By    1888  both    the   Local 


40         The  Closed  Shop  in  American  Trade  Unions.      [470 

unions  in  the  metal,  printing,  building,^  and  miscellaneous 
trades.  In  a  few  of  the  building  trades  unions,  as  for 
example  the  Painters,  the  closed  shop  was  practically  ob- 
ligatory on  all  local  unions.  Everywhere  the  movement 
progressed  in  spite  of  doubt  in  the  minds  of  some  labor 
leaders  as  to  whether  the  exclusion  of  non-unionists  from 
employment  was  beneficial  to  their  organizations.^ 

Strike  statistics  from  1881  to  1893  indicate  the  spread  of 
the  closed-shop  movement.^  In  1881  the  number  of  strikes 
called  for  "  the  recognition  of  the  union  and  union  rules  "* 
amounted  to  12.1  per  cent,  of  all  strikes  called  by  labor 
organizations ;  the  number  of  establishments  involved  in 
such  strikes  was  1.19  per  cent,  of  all  struck  establishments, 
and  the  number  of  persons  involved  was  4.2  per  cent,  of  the 
total  number.  By  1892  the  percentages  had  increased  very 
considerably,  so  that  they  were  respectively  21.5  per  cent., 
29.1  per  cent.,  and  27.3  per  cent.  During  the  intermediate 
years,  with  some  exceptions,  the  increase  in  percentage  was 
fairly  regular.  The  statistics  for  lockouts^  in  the  same 
period  also  show  that  an  increasing  part  of  the  lockouts 

Assembly  300  and  District  Assembly  149,  Knights  of  Labor,  had 
made  provision  in  their  constitutions  that  their  members  should  not 
work  except  in  closed  shops. 

*  Local  unions  of  the  Painters,  Carpenters,  Plumbers,  and  Brick- 
layers from  1885  on  frequently  notified  workmen  in  their  trades  as 
follows :  "  None  but  union  men  need  apply."  "  All  shops  have  rec- 
ognized the  union."  "  No  non-unionist  recognized."  "  No  card, 
no  work." 

2  Professor  R.  T.  Ely  in  his  Labor  Movement  in  America  (p.  160), 
published  in  1886,  says,  "  Some  of  the  most  intelligent  trades- 
unionists  think  that  the  refusal  to  work  with  a  non-union  man  is 
indefensible  and  injurious  to  the  cause  of  labor." 

'  Compiled  from  the  Twenty-first  Annual  Report  of  the  Com- 
missioner of  Labor,  1906  (pp.  42,  56).  The  percentages  given  here 
are  somewhat  higher  than  those  of  the  report,  since  no  account  is 
taken  of  strikes  by  unorganized  workers. 

* "  Under  the  cause  '  concerning  recognition  of  union  and  union 
rules '  are  classed  the  various  causes  relative  to  dealing  with  union 
officials  and  the  adoption  or  enforcement  of  rules  and  regulations  of 
unions  governing  the  work  of  their  members,  one  of  the  most 
frequent  and  important  rules  being  against  working  with  non-union 
men"  (Twenty-first  Annual  Report  of  the  Commissioner  of  Labor, 
1906,  p.  113). 

'  Twenty-first  Annual  Report  of  the  Commissioner  of  Labor,  1906, 
pp.  70-71. 


47 1  ]  History  of  the  Closed-Shop  Movement.  41 

was  caused  by  closed-shop  and  "  recognition  "  demands.  In 
1881  such  lockouts  amounted  to  16.6  per  cent,  of  all  lock- 
outs and  in  1892  to  36.06  per  cent.  Even  higher  were  the 
percentages  for  1887,  1888,  1890,  and  1891. 

Not  only  did  individual  employers,  like  the  Birmingham 
Rolling  Mill  Company  in  1884^  and  the  Carnegie  Steel  Com- 
pany in  1892,2  lock  out  union  employees  because  they  de- 
manded the  closed  shop,  but  associations  of  employers  also 
pursued  the  same  policy.  In  1887  the  Granite  Manufac- 
turers' Association  of  Boston  locked  out  their  men  "  on  the 
specious  plea  of  individualism"  when  the  union  men  refused 
to  work  with  "  scabs. "^  In  the  same  year  the  Master  Ma- 
sons of  Providence,  Rhode  Island,  notified  the  local  union 
of  bricklayers  that  men  would  be  hired  solely  as  individuals 
and  not  as  unionists.*  The  following  year  the  Master 
Stonemasons  of  St.  Louis  voted  that  work  should  be  given 
"  to  every  journeyman  mason  whether  belonging  to  the 
Union  or  not."^  In  1891  the  painters'  union  of  Milwaukee 
was  notified  by  the  masters  that  they  had  agreed  not  to 
"  discharge  non-union  men  on  account  of  union  matters."® 
Similarly  the  brick  contractors  of  Zanesville,  Ohio,  in  1892 
refused  to  recognize  the  closed  shop.  At  the  national  con- 
vention of  the  Master  Painters  in  1892  a  delegate  urged  the 
adoption  of  a  system  of  individual  agreements  on  the  ground 
that  agreements  with  unions  were  bound  to  result  in  closed- 
shop  conditions.  While  the  speaker  was  heartily  applauded, 
no  action  was  taken  on  his  recommendations.'' 

During  this  period,  although  the  unions  were  so  actively 

1  Amalgamated  Association  of  Iron,  Steel  and  Tin  Workers,  Pro- 
ceedings of  the  Ninth  Annual  Convention,  1884,  p.  1361. 

'Ibid.,  Proceedings  of  the  Eighteenth  Annual  Convention,  1893, 
pp.  4250-4251. 

'  Painters'  Journal,  July,  1887,  p.  2.  This  position  was  maintained 
by  the  Association  until  1902,  when  it  agreed  to  eliminate  the  "  non- 
discrimination clause "  in  its  contracts  with  the  Granite  Cutters 
(Granite  Cutters'  Journal,  May,  1902,  p.  6). 

*  Ibid.,  Proceedings  of  the  Twenty-first  Annual  Convention,  1887, 
p.  24. 

'Bricklayers  and  Masons,  Proceedings  of  the  Twenty-second 
Annual  Convention,  1888,  p.  45. 

« Painters'  Journal,  May,  1891,  p.  4. 

'  Ibid.,  April,  1892,  p.  3. 


42         The  Closed  Shop  in  American  Trade  Unions.      [472 

engaged  in  extending  the  closed  shop,  comparatively  little 
discussion  of  the  question  is  found.  The  most  important 
pronouncement  by  a  representative  labor  body  in  favor  of 
the  closed  shop  in  this  period  was  that  made  by  the  Amer- 
ican Federation  of  Labor  in  1890.  In  a  resolution,  the  first 
expression  of  its  views  on  the  subject,  the  Federation  de- 
clared that  it  was  "  inconsistent  for  union  men  to  work  with 
non-union  men,  especially  when  they  are  displacing  their 
fellow  unionists,  who  may  be  engaged  on  strike  or  lockout."^ 
It  will  be  noted  that  this  resolution  is  not  an  unqualified 
endorsement  of  the  closed  shop.  As  yet  public  interest  in 
the  question  was  slight. 

The  right  to  strike  against  non-union  workmen  came 
before  the  higher  courts  in  some  fourteen  cases  from  1850 
to  1898.^  In  a  majority  of  these  cases  strikes  for  the  closed 
shop  were  declared  to  be  either  criminal  or  tortious.  Yet 
these  adverse  decisions  exercised  no  apparent  influence  on 
trade-union  policy. 

In  the  depression  following  the  panic  of  1893  the  unions 
sustained  severe  losses.  The  percentage  of  strikes  involv- 
ing "  recognition  of  union  and  union  rules "  greatly  de- 
creased, while  the  percentage  of  lockouts  for  the  open  shop 
increased.  An  examination  of  the  union  journals  also  indi- 
cates that  the  unions  were  forced  in  many  places  to  concede 
the  open  shop.  In  1892,  for  example,  as  many  as  thirty 
local  unions  inserted  "  no  card,  no  work  "  notices  in  the  Iron 
Molders'  Journal.  In  1894  only  ten  or  twelve  continued 
the  practice.     The  Bricklayers  and  Masons,  always  a  strong 

*  Report  of  Proceedings  of  the  Tenth  Annual  Convention,  1890, 
p.  40. 

*  State  V.  Donaldson  (1867),  3  Vroom  (N.  J.),  151;  People  v. 
Smith  (1887),  5  N.  Y.  Crim.  R.,  509;  Crump  v.  Commonwealth 
C1888),  84  Va,  927;  State  v.  Dyer  (1894),  67  Vt,  690;  Fischer  v. 
State  (1898),  76  N.  W.,  594;  Snow  v.  Wheeler  (1873),  113  Mass., 
179;  Mayer  v.  Journeymen  Stonecutters,  47  N.  J.  Eq.  R.,  519;  Long- 
shore Printing  Co.  v.  Howell  (1894),  26  Ore.,  527;  Clemmitt  v. 
Watson  (189s),  14  Ind.  R.,  38;  People  v.  Davis  (1898),  Chicago 
Legal  News,  Vol.  30,  p.  212;  Chipley  v.  Atkinson  (1887),  23  Fla., 
206;  Old  Dominion  Steamship  Co.  v.  McKenna,  30  Fed.,  48;  Lucke 
V.  Clothing  Cutters  Assembly  (1893),  77  Md.,  396;  Perkins  v.  Pendle- 
ton (1897),  90  Me.,  166;  Davis  v.  United  Portable  Hoisting  Engi- 
neers, 51  N.  Y.  Supple.,  180. 


473]  History  of  the  Closed-Shop  Movement.  43 

union,  reported  an  unusual  number  of  "scabs"  in  1893  and 
1894.  Other  unions  like  the  Painters^  and  United  Green 
Glass  Workers-  were  compelled  openly  to  acknowledge  that 
it  was  impossible  to  keep  union  men  from  working  with 
"  scabs  "  and  in  "  non-union  "  shops. 

With  the  increase  in  business  activity  which  followed  the 
Spanish-American  War  a  new  period  in  the  history  of  the 
closed  shop  began.  On  account  of  the  great  demand  for 
workers,  trade  unions  were  able  to  secure  better  hours, 
wages,  and  working  conditions.  Their  membership  in- 
creased very  rapidly.  Contemporaneously  the  number  of 
strikes  for  the  "  recognition  of  the  union  and  union  rules  " 
grew.  The  number  of  such  strikes  was  twice  as  great  in 
1899  as  in  1898;  in  1901  they  were  five  times  as  numerous 
as  in  1898,  and  amounted  to  36.4  per  cent,  of  the  total  num- 
ber of  strikes  called  by  labor  organizations. 

The  unions  began  to  insist  that  the  employers  should  sign 
written  agreements  in  which  the  closed  shop  was  conceded. 
Hitherto,  verbal  understanding  had  ordinarily  sufficed,  or 
the  closed  shop  had  rested  only  upon  custom.  It  seemed  to 
many  unions  that  while  business  was  active,  definite  written 
agreements  should  be  drawn  up  limiting  employment  to 
'union  members.^  In  all  parts  of  the  country  it  became  in- 
creasingly difficult  for  non-unionists  to  obtain  employment. 
In  New  York  the  building  trades  had  almost  absolute  con- 
trol under  their  arbitration  agreement.  In  other  cities,  like 
San  Francisco  and  Chicago,  the  closed  shop  was  enforced 
more  widely  than  ever  before.  "  Unionism  ran  riot.  .  .  . 
The  newsboys,  the  sandwich  vendors,  even  the  girls  who 
sold  chewing  gum  on  the  streets  were  organized.     Civil  Ser- 

^Yet  the  Painters  in  1893  announced  that  none  but  union  men 
would  be  allowed  to  secure  a  job  on  the  buildings  of  the  Columbian 
Exposition  at  Chicago  (Painters'  Journal.  January,  1893,  p.  2). 

"Proceedings  of  the  Nineteenth  Annual  Session,  1895,  p.  103; 
Proceedings  of  the  Twentieth  Annual   Session,   1896,  p.    102. 

» Another  evidence  of  the  increasing  importance  attached  to  the 
closed  shop  during  this  period  was  the  fact  that  the  ordinary  mem- 
bership card  in  a  union  was  superseded  by  the  "  working  card."  It 
soon  became  customary  to  speak  of  the  "  working  card  system," 
meaning  thereby  the  closed  shop. 


44         The  Closed  Shop  in  American  Trade  Unions.      [474 

vice  in  municipal  affairs  gave  way  to  the  closed  shop."^  In 
smaller  places,  like  Streator,  Illinois,  the  unions  boasted 
that  it  was  "  impossible  for  a  man  or  woman  to  obtain  work 
on  any  job,  skilled  or  unskilled,  without  first  belonging  to  a 
labor  organization  and  carrying  a  union  card."^  While 
there  was  some  exaggeration  in  these  reports,  they  show 
with  what  enthusiasm  the  unions  everywhere  took  up  the 
idea  of  a  universal  closed  shop. 

On  the  employers'  side  dissatisfaction  with  these  condi- 
tions was  widespread.  Moreover,  the  trend  of  industrial 
development  had  increased  the  power  of  the  employers  to 
oppose  the  unions.  In  all  industries  business  was  conducted 
on  a  larger  scale  than  heretofore;  in  many,  trusts  had  been 
formed.  Even  in  the  building  industry  the  great  construc- 
tion company  had  to  a  large  extent  taken  the  place  of  the 
small  contractor.  Furthermore,  in  many  leading  industries 
employers'  associations  had  been  formed,  whose  members 
could  be  relied  upon  to  stand  together  in  dealing  with  the 
labor  problem.  The  employers  realized  that  the  closed 
shop  was  the  key  to  the  labor  situation.  To  rid  themselves 
of  irritating  shop  rules,  therefore,  they  set  out  to  destroy 
the  system  whereby  unions  enforced  them. 

The  struggle  which  followed  was  one  of  the  most  severe 
ever  faced  by  organized  labor.  The  first  of  the  employers' 
associations  seriously  to  oppose  the  closed  shop  was  the 
National  Metal  Trades  Federation.  In  1901,  after  a  gen- 
eral strike  of  the  Machinists,^  the  Federation  resolved  that, 
"  while  disavowing  any  intention  to  interfere  with  the 
proper  functions  of  labor  organizations,"  it  would  not  admit 
union  dictation  in  the  management  of  business.*  For  a 
time  the  Metal  Trades  Federation  was  the  only  national  em- 

1  Marcosson,  "  The  Fight  for  the  Open  Shop,"  in  World's  Work, 
December,  1905,  p.  6961. 

'The  Union  Boot  and  Shoe  Worker,  July,  1901,  p.  18. 

'  For  a  more  detailed  account,  see  Hilbert,  "  Employers'  Associa- 
tions in  the  United  States,"  in  Studies  in  American  Trade  Unionism, 
edited  by  Hollander  and  Barnett,  p.  202.  One  or  two  local  employers' 
associations  like  that  of  Dayton,  Ohio,  had  already  advocated  the 
open  shop,  but  their  influence  was  not  great. 

*  American  Industries,  April  i,  1903,  p.  13. 


475]  History  of  the  Closed-Shop  Movement.  45 

ployers'  association  in  active  opposition  to  the  closed  shop. 

The  next  blow  to  the  closed  shop  came  from  an  unex- 
pected quarter  and,  partly  on  that  account  and  partly  be- 
cause of  attendant  circumstances,  created  strong  public 
sentiment  in  favor  of  the  open  shop.  In  1902  the  Anthra- 
cite Coal  Strike  Commission  was  appointed  by  President 
Roosevelt  to  arbitrate  the  great  miners'  strike  of  that  year. 
Among  other  things  the  United  Mine  Workers  asked  that 
the  mine  operators  enter  into  an  agreement  with  them  for 
the  purpose  of  "  specifying  the  conditions  of  employment 
which  shall  obtain."^  This  demand  was  interpreted  both 
by  the  operators^  and  by  the  non-union  men^  as  a  demand 
for  the  closed  shop.  The  award  of  the  Commission,  given 
on  March  18,  1903,  granted  practically  every  demand  of  the 
strikers  except  that  for  an  agreement.  The  Commission 
absolutely  forbade  the  establishment  of  the  closed  shop  in 
the  anthracite  industry  during  the  period  which  the  award 
covered.  Section  IX  of  the  award  reads  as  follows :  "  The 
Commission  adjudges  and  awards:  That  no  person  shall 
be  refused  employment,  or  in  any  way  discriminated  against, 
on  account  of  membership  or  non-membership  in  any  labor 
organization ;  and  that  there  shall  be  no  discrimination 
against,  or  interference  with,  any  employee  who  is  not  a 
member  of  any  labor  organization  by  members  of  such 
organization."*  A  number  of  labor  leaders,  notably  Mr. 
Gompers,  contended  that  the  award  was  not  to  be  construed 
as  unfavorable  to  the  closed  shop.  According  to  this  view, 
the  Commission  intended  merely  to  maintain  the  status  quo; 
indeed,  it  "  had  particularly  in  mind  to  warn  the  operators 
against  future  discrimination  against  union  men."^  The 
interpretation  of  the  public  was  different. 

The   award   of   the   Commission   aroused   great   interest 

^  Bulletin  of  the  Department  of  Labor,  No.  46,  May,  1903,  p.  520. 

'  Ibid.,  p.  527. 

*  In  a  statement  to  the  Commission  the  non-unionists  said,  "  Any 
agreement,  if  made,  will  render  it  impossible  for  us  to  continue  to 
earn  our  living  by  our  labor  in  and  about  the  mine  in  which  we  are 
now  employed,  or  to  which  such  agreement  applies"  (Ibid.,  p.  521). 

*Ibid.,  p.  509. 
The  Union  Boot  and  Shoe  Worker,  September,  1904,  p.  3. 


46  The  Closed  Shop  hi  American  Trade  Unions.      [476 

throughout  the  country,  discussion  centering  particularly 
on  the  question  of  the  open  shop.  Employers  who  had 
hitherto  been  fighting  a  losing  battle  with  the  unions  were 
much  encouraged  by  the  award,  since  it  proceeded  from 
what  was  generally  considered  an  impartial  tribunal.  Indi- 
vidual employers  and  associations  of  employers  which  had 
not  been  moved  to  action  by  the  example  of  the  Metal 
Trades  Federation  felt  that  they  must  seize  the  opportunity 
to  enlist  in  the  fight  for  "  individual  liberty." 

In  April  of  the  same  year  the  National  Association  of 
Manufacturers,  an  organization  which  had  not  hitherto  con- 
cerned itself  with  labor  questions,  proceeded  "  amidst  great 
enthusiasm "  to  adopt  a  declaration  of  principles  among 
which  was  incorporated,  word  for  word,  the  open-shop  sec- 
tion of  the  coal  strike  award. ^  In  1902  and  1903  there  came 
into  existence  in  numerous  cities  organizations  known  as 
"  Citizens'  Alliances."  Their  agitation  for  the  open  shop 
was  so  active  as  to  engender  much  apprehension  among 
unionists.  By  1906  practically  every  city  of  importance  had 
its  Alliance.  In  many  of  the  larger  cities  general  employers' 
associations  also  were  formed,  most  of  which  were  strongly 
in  favor  of  the  open  shop. 

Much  moral  encouragement  was  given  at  this  time  to  the 
opponents  of  the  closed  shop  by  the  outcome  of  the  cele- 
brated Miller  case  in  the  Government  Printing  Office  at 
Washington.  The  facts  in  the  case  are  as  follows :  One 
W.  A.  Miller,  an  assistant  foreman  in  the  bindery  division 
of  the  Government  Printing  Office,  was  suspended  and  later, 
on  May  13,  1903,  expelled  from  Local  Union  No.  4  of  the 
International  Brotherhood  of  Bookbinders.  Upon  notifi- 
cation to  this  effect,  the  public  printer  on  the  following  day 
discharged  Miller  from  his  position  because,  as  he  said, 
"  the  bookbinders  of  the  Government  Printing  Office  are  all 
members  of  Local  Union  No.  4  of  the  International  Brother- 

1  Proceedings  of  the  Eighth  Annual  Convention,  1903,  pp.  165- 
169.  In  1904  a  further  article  was  added  to  the  declaration  of  prin- 
ciples, stating  that  the  Association  declared  "  its  unalterable  antag- 
onism to  the  closed  shop"  (Proceedings,  1904,  p.  I73)- 


477]  History  of  the  Closed-Shop  Movement.  47 

hood  of  Bookbinders  and  under  the  rules  of  the  organiza- 
tion are  prohibited  from  working  with  a  member  under 
ban."^  Technically  the  discharge  was  "  for  the  good  of  the 
service." 

Upon  complaint  of  Miller  to  the  Civil  Service  Commis- 
sion, an  investigation  was  made.  It  was  proved  that  Miller 
had  been  compelled  to  relinquish  his  position  solely  because 
he  had  been  expelled  from  the  union  and  not  because  he 
was  inefficient.  The  Civil  Service  Commission  accordingly 
on  July  6  requested  the  public  printer  to  reinstate  Mr.  Miller 
at  once.  "  No  person,"  it  ordered,  "  shall  be  removed  from 
a  competitive  position  except  for  such  cause  as  will  promote 
the  efficiency  of  the  public  service.  The  Commission  does 
not  consider  expulsion  from  a  labor  union,  being  a  body  in 
no  way  connected  with  the  public  service  nor  having  author- 
ity over  public  employees,  to  be  such  a  cause  as  will  promote 
the  efficiency  of  the  public  service."-  A  week  later  Presi- 
dent Roosevelt  himself  ordered  the  reinstatement  of  Miller, 
on  the  ground  that  "  on  the  face  of  the  papers  presented, 
Miller  would  appear  to  have  been  removed  in  violation  of 
law."  In  a  letter  to  the  secretary  of  commerce  and  labor 
on  July  14  the  President  set  forth  his  views  on  the  question. 
Calling  the  attention  of  the  secretary  to  the  award  of  the 
Anthracite  Coal  Strike  Commission,  quoted  above,  he  said: 
"  I  heartily  approve  of  this  award  and  judgment  by  the 
Commission  appointed  by  me,  which  itself  included  a  mem- 
ber of  a  labor  union.  This  Commission  was  dealing  with 
labor  organizations  working  for  private  employers.  It  is, 
of  course,  mere  elementary  decency  to  require  that  all  the 
Government  Departments  shall  be  handled  in  accordance 
with  the  principle  thus  clearly  and  fearlessly  enunciated."^ 

The  action  of  the  President  and  of  the  Civil  Service  Com- 
mission attracted  the  widest  attention  among  both  unions 
and  employers.     The  President's  vigorous  pronouncement 

^  58th  Cong.,  2d  sess.,  H.  Doc.  No.  644,  p.  148,  Twentieth  Report  of 
the  Civil  Service  Commission,  1902-1903. 
*  Ibid. 
» Ibid.,  p.  149. 


48         The  Closed  Shop  in  American  Trade  Unions.      [478 

served  to  swing  public  feeling  to  an  appreciable  extent  to 
the  side  of  the  opponents  of  the  closed  shop.  The  labor 
unions  received  the  President's  decision  with  sharp  criticism. 
Committees  were  sent  to  Washington  to  persuade  him  to 
revoke  his  order,  but  he  declared  his  decision  "  final."^ 

The  great  increase  in  the  number  of  employers'  associa- 
tions and  citizens'  alliances  and  their  deepening  hostility 
toward  the  closed  shop^  led  in  October,  1903,  to  the  organi- 
zation of  the  "  Citizens'  Industrial  Association  of  America." 
David  M.  Parry  of  Indianapolis,  president  of  the  National 
Association  of  Manufacturers  and  a  bitter  partizan  of  the 
open  shop,  became  its  first  president.  The  new  organiza- 
tion was  designed  to  centralize  the  opposition  to  unionism 
and  to  the  closed  shop.  In  December,  1903,  its  executive 
committee  declared  that  labor  in  demanding  the  closed  shop 
was  "  seeking  to  overthrow  individual  liberty  and  property 
rights,"  and  resolved  that  the  "right  hand  of  fellowship 
should  be  held  out  to  all  free  and  independent  workmen, 
and  especially,  that  a  guarantee  of  full  safety  be  offered  to 
those  now  in  the  ranks  of  union  labor  who  desire  to  escape 
the  tyranny  of  the  same."^ 

The  example  set  by  the  Metal  Trades  Association,  the 
National  Association  of  Manufacturers,  the  Citizens'  Al- 
liances, and  the  Citizens'  Industrial  Association  of  America 

^  58th  Cong.,  2d  sess.,  H.  Doc.  No.  644,  p.  148,  Twentieth  Report 
of  the  Civil  Service  Commission,  1902-1903,  p.  150.  On  July  25 
Miller  returned  to  work.  That  the  President's  order  had  a  tempo- 
rary effect,  at  least,  is  shown  by  the  fact  that  when  the  International 
Typographical  Union  attempted  to  levy  a  ten  per  cent,  assessment  in 
1905-1907,  many  of  its  members  working  in  the  Government  Print- 
ing Office  refused  to  make  payment.  See  Barnett,  p.  289.  At  the 
present  time  the  closed  shop  has  practically  been  reestablished.  As 
early  as  February,  1906,  the  Printing  Pressman^  (p.  100)  reported 
that  the  "  frequent  allusions  to  the  open  shop  intended  to  apply  to  the 
Government  Printing  Office  has  really  no  meaning." 

' "  Many  employers  who  previously,  without  much  urging,  recog- 
nized the  closed  shop  have  been  carried  along  with  it  [open  shop 
sentiment],  and  now  avow  their  determination  to  resist  the  closed 
shop  at  whatever  cost"  (White,  "The  Issue  of  the  Open  and  Closed 
Shop,"  in  North  American  Review,  January,  1905,  p.  30). 

'  Proceedings  of  the  Preliminary  Convention,  October,  1903,  and 
also  the  First  Meeting  of  the  Executive  Board  of  the  Association, 
p.  17. 


479]  History  of  the  Closed-Shop  Movement.  49 

was  immediately  followed  by  a  great  number  of  national 
and  local  employers'  associations  in  different  industries.^ 
In  all  parts  of  the  country  "  open-shop  movements  "  were 
inaugurated.  Employment  bureaus  were  established  as  a 
means  of  preventing  the  dependence  of  workmen  upon  the 
"  walking  delegate,"  while  educational  campaigns  were  in- 
stituted for  the  purpose  of  "  enlightening  the  American 
people  on  the  greatest  question  which  has  confronted  them 
since  the  Revolutionary  War."^  The  employers  of  Los  |, 
Angeles  and  of  Washington,  D.  C,  endeavored  to  convert 
1 1  these  cities  into  "  model  open-shop  towns."  "  Open-shop 
1  schools  "  were  established  for  the  training  of  printers,  teleg- 
raphers, tailors,  and  machinists.^  A  number  of  the  largest 
American  corporations  joined  the  open-shop  movement. 
Among  them  were  the  United  States  Steel  Company  with  its 
subsidiary  corporations,  the  American  Tobacco  Company, 
the  Macbeth-Evans  Glass  Company,  the  Baldwin  Locomo- 

1  The  following:  employers'  associations  declared  themselves 
opposed  to  the  closed  shop : — 

National  Associations. 

American  Anti-Boycott  Association,  National  Association  of  Agri- 
cultural Implements  and  Vehicle  Manufacturers,  National  Master 
Bakers'  Association,  National  Building  Trades  Employers'  Associa- 
tion, Cap  Manufacturers'  Association,  National  Association  of 
Clothers,  National  Association  of  Erectors  of  Iron  and  Steel, 
National  Founders'  Association,  National  Association  of  Employing 
Lithographers,  National  Association  of  Marble  Dealers,  International 
Association  of  Master  House  Painters  and  Decorators,  National 
Association  of  Master  Sheet  Metal  Workers,  Stove  Founders' 
National  Defence  Association,  Merchant  Tailors'  National  Protec- 
tive Association,  United  Typothetae  of  America.  The  United  States 
Brewers'  Association  was  suspected  of  open-shop  sympathies,  but 
never  went  on  record  in  opposition  to  the  closed  shop. 

District  Associations. 

Lake  Carriers'  Association,  Managers  of  Docks  of  Lake  Erie 
Ports,  Inter-state  Builders,  Contractors  and  Dealers  Association 
(New  England),  Iron  League  of  New  York. 

*  Thus,  in  1901  the  National  Metal  Trades  Association  began  the 
publication  of  a  magazine  called  the  "  Open  Shop."  It  was  con- 
tinued until  March,  1908,  when  it  was  merged  with  the  "  Review  " 
and  published  in  cooperation  with  the  National  Founders'  Asso- 
ciation. 

'  The  unions  declare  that  these  schools  are  centers  for  training 
strike-breakers. 


50         The  Closed  Shop  in  American  Trade  Unions.      [480 

tive  Works,  the  American  Can  Company,  and  Cramps'  Ship 
Yards.  The  public  press  for  the  most  part  warmly  advo- 
cated the  open  shop. 

A  considerable  number  of  the  opponents  of  the  closed 
shop  took  pains  to  declare  that  they  were  not  opposed  to 
trade  unions,  but  merely  to  the  exclusion  of  non-unionists 
from  employment.  It  will  be  proper  to  consider  at  this 
point  how  far  the  "  fight  for  the  open  shop  "  was  a  fight 
against  unionism.  In  many  cases  employers,  after  refusing 
to  sign  further  closed-shop  agreements,  did  sign  genuine 
open-shop  contracts.  The  agreement  drawn  up  in  1903  be- 
tween the  Bridge  and  Structural  Iron  Workers  and  two 
organizations  of  employers,  namely,  the  National  Associa- 
tion of  Manufacturers  and  the  Structural  Steel  Erectors' 
Association,  is  an  instance.^  This  agreement  contained  the 
following  provisions : — 

1.  No  restriction  of  material. 

2.  No  union  control  over  the  appointment  or  the  work  of 
the  foremen. 

'3.  No  sympathetic  strikes. 

4.  No  outside  persons  to  interfere  with  workmen  during 
working  hours. 

5.  Employer  to  have  full  power  to  hire  or  discharge  as 
he  sees  fit ;  membership  in  a  labor  union  to  have  no  influence 
in  either  hiring  or  discharging. 

6.  No  interference  with  laborers  loading  or  unloading 
materials. 

7.  Employees  to  be  at  liberty  to  cease  work  at  any  time. 
Other  agreements  of  the  same  kind  might  be  cited. 

But  while  a  large  number  of  employers  established  open 
shops  and  made  no  discrimination  between  union  or  non- 
union men,  others  refused  to  employ  union  men.  Mr. 
David  M.  Parry,  in  an  address  before  the  first  convention 
of  the  Citizens'  Industrial  Association  of  America,  declared 
that  if  the  unions  "take  the  position  that  there  must  be  dis- 
crimination against  independent  labor  as  the  price  for  the 
employment  of  union  labor,"  it  becomes  the  "duty  of  the 

'  The  Bridgeman's  Magazine,  May,  1903,  p.  12. 


481]  History  of  the  Closed-Shop  Movement.  51 

employer  to  discriminate  against  union  labor."^  Other  em- 
ployers did  not  refuse  to  hire  union  men  provided  they 
applied  as  individuals,  but  they  were  unwilling  to  make 
agreements  with  the  unions.  Among  the  employers'  asso- 
ciations which  took  this  position  were  the  Mason  Builders' 
Association  of  Montreal  (1908),  the  Iron  League  of  New 
York  City  and  Vicinity  (1906),  and  the  Builders'  Exchange 
of  Jacksonville,  Florida  (1907).  In  Des  Moines,  Iowa,  in 
1904,  the  Citizens'  Industrial  Alliance  is  reported  to  have 
posted  open-shop  rules  in  the  establishments  of  its  members, 
and  to  have  advised  the  discharge  of  union  men  who  asked 
non-unionists  employed  in  those  places  to  become  members 
of  the  union. ^  Undoubtedly,  the  anti-union  shop  and  not 
the  open  shop  was  desired  by  many  of  the  employers  who 
engaged  in  the  open-shop  crusade. 

The  issue  offered  by  the  employers'  associations  in  their 
attack  on  the  closed  shop  was  met  directly  by  the  unions. 
On  September  30,  1903,  the  executive  council  of  the  Amer- 
ican Federation  of  Labor  issued  a  bulletin  declaring  that  the 
"  trade  union  movement  stands  for  the  strictly  union  shop."^ 
At  the  Boston  convention  in  November  of  the  same  year  the 
Federation  placed  itself  on  record  as  "being  in  favor  of 
the  union  shop  everywhere,  as  well  in  federal,  state  and 
municipal  employment  as  in  private  enterprises."*  Union 
after  union  by  resolution  indorsed  the  closed  shop,^  and  the 
officers  of  the  unions  in  their  reports  repeatedly  warned  the 

'Proceedings  of  the  Adjourned  Session  of  the  First  Convention, 
1904,  p.  II. 

'  The  Bricklayer  and  Mason,  June,  1904,  p.  69.  The  H.  Marcus 
Skirt  Company  of  New  York  City  in  1906  required  each  of  its  work- 
men to  sign  an  individual  agreement  not  to  join  a  union  or  to  enter 
into  a  strike  for  a  year  while  at  work  "  as  an  individual  in  the  open 
shop"  of  the  company  (People  v.  Marcus,  185  N.  Y.,  257). 

'  American  Federation  of  Labor,  Report  of  Proceedings  of  the 
Twenty-third  Annual  Convention,  1903,  p.  89. 

*  Ibid.,  p.  211.  President  Gompers  also  commented  on  the  open- 
shop  movement  in  his  reports  for  1903,  1904,  1905,  and  1907. 

'  Elevator  Constructors,  Glove  Workers,  Flint  Glass  Workers, 
Musicians,  1904;  Electrical  Workers,  Sheet  Metal  Workers,  1905; 
Printing  Pressmen,  Theatrical  Stage  Employees,  1907 ;  Bricklayers 
and  Masons,  Bridgemen,  Longshoremen,  1908.  Various  state  federa- 
tions of  labor  also  approved  closed-shop  strikes  carried  on  within 
their  jurisdictions. 


52         The  Closed  Shop  in  American  Trade  Unions.      [482 

members  against  yielding  to  the  demand  for  the  open  shop. 
The  Industrial  Workers  of  the  World  in  their  manifesto  for 
1905  and  the  Trades  and  Labor  Congress  of  Canada  at  its 
twenty-first  annual  convention,  1905/  expressed  their  ap- 
proval of  the  closed  shop. 

There  were,  nevertheless,  some  dissenting  voices  in  a  few 
unions,  such  as  the  Slate  and  Tile  Roofers,-  and  proposi- 
tion® to  endorse  the  closed  shop  were  defeated  on  the  ground 
of  expediency.  In  others,  such  as  the  Printing  Pressmen 
and  the  Bridge  and  Structural  Iron  Workers,  the  open-shop 
question  occasioned  bitter  disputes.  President  Higgins  and 
the  executive  board  of  the  Pressmen,  who  had  signed  an 
open-shop  agreement  with  the  United  Typothetae  of  Amer- 
ica,^ were  defeated  for  reelection.  At  the  same  time  the 
convention  repudiated  the  agreement.*  The  action  of  the 
Pressmen  received  the  hearty  endorsement  of  the  American 
Federation  of  Labor.°  Considerable  feeling  was  shown  at 
the  1908  convention  of  the  Bridge  and  Structural  Iron 
Workers  over  an  attempt  to  secure  the  passage  of  a  resolu- 
tion sanctioning  the  open  shop.  Because  of  the  prolonged 
strike  against  the  American  Bridge  Company  and  other 
concerns,  certain  delegates  urged  either  that  more  drastic 
measures  be  taken  or  that  union  members  be  allow^ed  to  "  go 
to  work  for  all  firms  indiscriminately  throughout  the  coun- 
try." After  a  long  and  sharp  debate  the  resolution  was 
defeated.^ 

An  examination  of  the  strike  statistics  from  1900  to  1905 
illustrates  the  importance  of  the  open-shop  issue  during  that 
period.  The  percentage  of  strikes  for  "  recognition  of 
union  and  union  rules "   increased   steadily   from   13.4   in 

>  Proceedings,  1905,  pp.  47,  50. 

*  Proceedings  of  the  Fourth  Annual  Convention,  1907,  pp.  S,  6. 

'  J  his  organization  includes  book  and  job  printers  only.  The 
American  Newspaper  Publishers'  Association  has  never  asked  for 
the  establishment  of  the  open  shop. 

*  Constitution,  1907,  Resolutions,  etc.,  p.  85,  No.  18. 
'American   Federation   of   Labor,   Report  of   Proceedings   of  the 

Twenty-seventh  Annual  Convention,   1907,  pp.  313-314. 

*  Proceedings  of  the  Twelfth  Convention,  in  the  Bridgeman's 
Magazine  for  October,  1908,  pp.  724-760. 


483]  History  of  the  Closed-Shop  Movement.  53 

1900  to  41.3  in  1905.^  The  percentage  of  struck  establish- 
ments affected  by  such  strikes  rose  from  8.5  in  1900  to  14.8 
in  1905,  while  the  percentage  of  strikers  participating  in 
such  strikes  rose  from  7.3  in  1900  to  22.3  in  1905.  Every 
State  in  the  Union,  except  possibly  South  Dakota,  and 
many,  if  not  all,  of  the  Canadian  provinces^  were  affected 
by  strikes  for  the  closed  shop,  and  almost  every  industry 
was  involved  at  one  time  or  another. 

The  fight  against  the  closed  shop  has  been  reflected  in  the 
increasing  number  of  judicial  decisions  since  1898  concern- 
ing the  right  to  strike  against  non-union  men  and  the  legality 
of  closed-shop  agreements.  The  weight  of  authority  has 
held  against  the  closed  shop.  However,  a  number  of  im- 
portant decisions,  notably  that  of  the  National  Protective 
Association  v.  Cummings,^  have  upheld  the  right  of  unions 
to  discriminate  against  non-members.  The  only  apparent 
effect  of  the  decisions  adverse  to  the  closed  shop  has  been 
the  encouragement  they  have  given  to  the  formation  and 
growth  of  open-shop  employers'  associations.  The  non- 
union man  has  found  little  direct  relief  from  these  decisions. 

Public  discussion  of  the  question  of  the  closed  shop  was 
very  active  for  some  years  following  the  award  of  the  An- 
thracite Coal  Strike  Commission.'*  The  American  Economic 
Association^  devoted  parts  of  two  meetings  to  its  consid- 
eration, and  the  National  Civic  Federation  organized  dis- 
cussions in  which  employers  and  unionists  took  part.* 
Nothing  apparently  was  gained  in  this  way,  for  neither 
party  was  willing  to  make  concessions.     In  1905  an  unsuc- 

1  Compiled  from  the  Twenty-first  Annual  Report  of  the  Commis- 
sioner of  Labor,  1906.     No  statistics  are  available  since  1905. 

'  Proceedings  of  the  Twenty-first  Annual  Convention  of  the  Cana- 
dian Trades  and  Labor  Congress,  1905,  p.  13. 

3170  N.  Y.,  315. 

^ "  So  much  has  been  said  and  written  in  magazine,  trade  journals 
and  daily  press  on  the  question  of  the  open  and  closed  shop,  that  to 
the  average  disinterested  reader  the  question  is  becoming,  figuratively 
speaking,  nauseating "  (Weekly  Bulletin  of  the  Clothing  Trades, 
July  29,  1904,  p.  4). 

*  Proceedings  of  the  American  Economic  Association,  1903,  p.  173; 
also  Proceedings,  1905,  p.  140. 

«  Civic  Federation  Review,  ]\Iay  15,  1905,  pp.  1-4. 


54         The  Closed  Shop  in  American  Trade  Unions.      [484 

cessful  attempt  was  made  to  secure  the  incorporation  of  an 
open-shop  provision  in  the  constitution  of  the  new  State  of 
Oklahoma.^  More  recently  pubUc  interest  in  the  subject 
has  waned. 

It  remains  to  inquire  whether  the  events  of  the  past  decade 
have  resulted  in  inducing  the  closed-shop  unions  to  modify 
their  position.  To  reach  a  satisfactory  answer  on  this  point 
is  difficult.  If  spokesmen  of  the  unions  may  be  believed, 
the  open-shop  movement  has  been  an  absolute  failure.  Many 
of  them  claim  that  the  unions  have  thereby  been  strengthened 
in  their  determination  to  enforce  the  closed  shop.  In  Los 
Angeles,  for  instance,  the  citadel  of  the  open-shop  forces, 
the  unions  as  early  as  1904  resolved  that  all  shops  should  be 
either  "  strictly  union  or  non-union."^  The  Glove  Workers 
in  1903  were  forced  to  declare  for  the  closed  shop  on  ac- 
count of  the  demand  of  the  manufacturers  that  an  open- 
shop  agreement  be  signed.  Previous  to  that  time  the  union 
had  not  refused  to  work  with  non-unionists,  but  it  was 
unwilling  to  sign  an  agreement  to  continue  that  policy.^ 

In  September,  1904,  General  Secretary  Duffy  of  the 
United  Brotherhood  of  Carpenters  declared  that  in  his  opin- 
ion the  open-shop  movement  had  done  nothing  more  than 
create  "  a  little  ripple  on  the  surface "  of  the  industrial 
world.*  In  1905  he  stated  that  "  the  first  case  has  yet  to  be 
reported  to  this  office  where  the  '  open  shop '  policy  has 
been  forced  on  our  members."'^  In  1906  President  Huber 
of  the  Carpenters  reported  that  two  hundred  and  fifty  mills 
had  been  unionized  during  the  two  preceding  years,^  while 
the  general  secretary  again  asserted  that  the  open  shop  was 
a  "  dead  issue  as  far  as  this  organization  is  concerned."^ 

*  The  proposed  section  read  as  follows :  "  No  person  shall  be 
denied  or  refused  employment  for  the  reason  that  he  is  not  a 
member  of  any  labor  union"    (American  Industries,  December  15, 

1905.  p.  3)- 

*  The  Labor  Compendium,  April  10,  1904,  p.  i. 
'  The  Elevator  Constructor,  April,   1904,  p.  25. 

*  The  Carpenter,  September,  1904,  p.  11. 

'  Report  of  the  General  Secretary,  1905,  p.  15. 

'  Proceedings  of  the  Fifteenth  General  Convention,  1906,  p.  58. 

^  The  Carpenter,  October,  1906,  p.  22. 


485]  History  of  the  Closed-Shop  Movement.  55 

Other  unions,  as  for  example  the  Molders,  declared  that 
their  membership  had  been  steadily  increasing  during  the 
very  years  when  the  struggle  was  most  severe.^  The  Mold- 
ers attributed  this  result  directly  to  the  hostile  open-shop 
policy  adopted  by  the  National  Founders'  Association.^ 
The  officers  of  the  Machinists,  the  Bricklayers  and  Masons, 
the  Sheet  Metal  Workers,  the  International  Building  Trades' 
Council,  and  the  iVmerican  Federation  of  Labor  were  opti- 
mistic in  their  reports  throughout  the  most  trying  period 
of  the  struggle. 

A  few  unions,  on  the  other  hand,  in  1 904-1 906  acknowl- 
edged that  they  had  lost  ground  in  certain  localities,  or 
admitted  that  they  had  recognized  the  open  shop  "  in  a  way 
harmless  to  the  union."'  Many  other  unions,  such  as  the 
Bridge  and  Structural  Iron  Workers,  were  led  by  the  exist- 
ence of  strong  employers'  associations  and  "  generally  dis- 
turbed conditions  ,  .  .  not  to  make  any  demands."*  In 
1907  the  president  of  this  union  acknowledged  that  the  pre- 
vious year  had  been  a  "  trying  ordeal."^ 

The  employers  who  fought  the  closed  shop  undoubtedly 
made  considerable  gains,  but  they  often  overstated  their 
success.  The  period  immediately  after  the  Coal  Strike 
Award  and  the  panic  of  1907  were  the  high  water-marks  in 
the  success  of  the  open-shop  campaign.  Both  periods  were 
favorable  to  the  hostile  employer ;  in  the  first,  he  was  backed 
by  a  strong  public  sentiment,  and  in  the  second  the  unions 
were  crippled  by  the   scarcity  of   employment.^     In    1910 


1  Iron  Molders'  Journal,  November,  1905,  p.  848;  August,  1906, 
p.  588. 

*  Ibid.,  August,  1906,  p.  593. 

» Weekly  Bulletin  of  the  Clothing  Trades,  January  13,  1904,  p.  5. 

*  The  Bridgeman's  Magazine,  September,   1906,  p.  52. 

*In  1907  the  Bridgemen  asked  financial  assistance  from  the  Ameri- 
can Federation  of  Labor  to  carry  on  their  closed-shop  dispute  with 
the  United  States  Steel  Company,  but  their  request  was  not  granted. 

•The  following  table,  taken  from  the  Twenty-first  Annual  Report 
of  the  Commissioner  of  Labor,  1906,  p.  626,  shows  the  percentage 
of  successful  and  unsuccessful  strikes  for  the  "  recognition  of  union 
and  union  conditions."     It  will  be  noted  that  in  1904  and  1905  the 


56         The  Closed  Shop  in  American  Trade  Unions.      [486 

the  open  shop  is  established  in  the  steel  and  meat-packing 
industries,  and  generally  where  industrial  combination  is 
strong.  Throughout  the  South  the  open  shop  prevails  more 
widely  than  in  other  sections.  In  Chicago,  Cleveland,  De- 
troit, Washington,  and  Denver  the  unions  in  many  trades 
have  had  to  give  up  the  closed  shop.  In  some  smaller  cities, 
as  for  example  Los  Angeles,  there  are  practically  no  closed 
shops  at  all.  In  other  places  and  in  other  industries  than 
those  mentioned  the  closed-shop  unions  have  regained  much 
of  the  ground  that  was  lost  a  few  years  ago. 

The  employers' associations,  on  the  other  hand,  have  made 
gains  which  cannot  be  measured  in  statistical  fashion.  The 
unions  have  learned  that  they  must  be  more  conservative 
and  tolerant  in  the  formulation  of  shop  rules,  and  the  em- 
ploying class  as  a  whole  has  learned  the  value  of  organiza- 
tion. As  long  as  the  unions  dealt  with  isolated  employers 
it  was  in  many  cases  easy  for  them  to  extort  extravagant 
concessions.  In  the  future,  organized  labor  will  be  com- 
pelled to  develop  a  defensive  as  well  as  an  offensive  policy.^ 
On  the  other  hand,  as  the  bitterness  of  the  recent  conflict 
lessens,  employers  will  realize  that  the  destruction  of  the 
unions  is  not  practicable.  Many  employers  who  were  engaged 
in  the  open-shop  struggle  now  disclaim  any  intention  of 
fighting  unions  as  such,  and  attack  only  the  closed-shop 
policy.  "  Whether  sincere  or  not,  their  recognition  of  the 
right  and  necessity  of  workmen  to  organize  marks  an  impor- 
tant step  in  the  progress  of  unionism."^ 

To  sum  up,  the  history  of  the  closed-shop  movement  in 
America  falls  roughly  into  three  periods.     In  the  first,  from 


employers  were  very 
tunately  there  are  no 

successful  in  defeating  such  strikes, 
statistics  at  hand  later  than  1905. 

Unfor- 

Year. 

Succeeded. 

Failed. 

1 901 
1902 
1903 
1904 
1905 

57.26 

55-14 
66.48 
36.60 
43-83 

42.12 
38-98 
29.82 
62.54 
54-72 

*  For  a  capitalistic  estimate  of  the  results  of  the  open-shop  fight 
see  Marcosson,  p.  6965. 
"White,  p.  29. 


487]  History  of  the  Closed-Shop  Movement.  57 

1794  to  1870,  the  closed  shop  was  maintained  almost  entirely 
by  local  unions  which  did  not  cooperate  with  each  other  in 
excluding  non-unionists.  In  the  second  period,  from  1870 
to  1901,  the  national  unions,  or  a  very  large  part  of  them, 
made  the  maintenance  of  the  closed  shop  a  national  rule, 
and  required  their  local  organizations  to  enforce  it  as 
effectively  as  possible.  In  the  same  period  there  gradually 
developed  a  large  amount  of  cooperation  among  local  unions 
of  different  trades  and  among  local  unions  of  the  same  na- 
tional union  in  excluding  non-unionists.  The  third  period, 
from  1901  to  the  present  time,  has  been  characterized  by 
the  efforts  of  the  unions  to  maintain  the  closed  shop  in  the 
face  of  the  organized  attacks  made  by  employers'  asso- 
ciations. 

The  opposition  on  the  part  of  the  employers  to  the  closed 
shop  also  falls  into  three  periods.  In  the  first,  from  1794 
to  1836,  the  employers  sought  to  prevent  the  exclusion  of 
non-unionists  from  employment  almost  entirely  by  resort  to 
legal  processes.  Members  of  different  societies  were  tried 
for  illegal  conspiracies  because  they  refused  to  work  with 
non-members.  In  the  second  period,  1836  to  1901,  the 
opposition  to  the  closed  shop  was  carried  on  by  local  em- 
ployers' associations.  Finally,  from  1901  to  the  present 
time,  national  associations  of  employers  have  carried  on  the 
struggle  for  the  open  shop. 


CHAPTER  III. 
The  Simple  Closed  Shop. 

Irt'  its  simplest  form  the  principle  of  the  closed  shop  is 
embodied  in  the  rule  that  members  of  a  trade  union  shall  not 
work  in  an  establishment  where  non-unionists  are  employed, 
unless  such  non-unionists  fall  within  classes  exempted  by 
the  rules  of  the  union  from  the  requirement  of  membership. 
When  the  exclusion  of  non-members  is  carried  no  further 
than  this,  we  may  say  that  a  union  enforces  the  "  simple 
closed  shop." 

In  order  to  understand  what  persons  are  required  to  be- 
come members  of  the  union  we  must  understand  what  is 
meant  by  the  jurisdiction  of  a  union.  Every  union  claims 
exclusive  control  over  a  certain  trade  or  over  a  group  of 
trades.  With  other  work  in  the  same  establishment  it  has 
no  necessary  concern.^  Any  rules  that  it  may  adopt,  there- 
fore, have  force  only  in  the  trades  over  which  it  claims 
authority.  Not  only  does  a  union  fix  limits  to  its  trade 
jurisdiction,  but  it  also  determines  what  class  or  classes  of 
persons  at  work  within  this  jurisdiction  shall  be  exempted 
from  becoming  members.  It  decides,  for  example,  whether 
journeymen  mechanics  only  shall  be  required  to  join,  or 
whether  other  persons,  such  as  laborers,  helpers,  foremen, 
and  employers,  shall  also  be  included.  It  is  within  these 
limits  that  the  union  enforces  the  closed  shop.  It  does  not 
discriminate  against  those  classes  of  non-unionists  in  the 
establishment  who  are  not  within  its  jurisdiction  or  against 
those  exempted  from  membership. 

It  is  the  purpose  of  the  present  chapter  to  discuss  the 
relation  of  various  classes  of  workmen  to  the  closed  shop. 

*0n  October  3,  1862,  the  Baltimore  Cigar  Makers  decided  that 
"  scabs  "  could  work  at  the  manufacture  of  smoking  tobacco  in  the 
same  shop  with  union  cigar  makers,  since  the  latter  "  had  nothing  to 
do  with  tobacco  manufacturing." 

58 


489]  The  Simple  Closed  Shop.  59 

The  workmen  with  which  we  have  to  deal  may  be  conve- 
niently divided  into  the  following  groups :  "  scabs  "  and  ex- 
pelled union  members,  ordinary  non-unionists,  members  of 
rival  unions,  suspended  and  fined  union  members,  retired 
and  resigned  union  members,  travelling  union  members, 
union  members  working  at  two  trades,  workmen  in  "  semi- 
closed  "  shops,  helpers,  foremen  and  superintendents,  em- 
ployers, apprentices,  workmen  inadmissible  to  union  mem- 
bership. 

"Scabs"  and  expelled  union  members. — In  tracing  the 
development  of  the  closed-shop  rule  it  has  already  been 
pointed  out  that  "  unfair "  workmen,  such  as  "  scabs," 
"  rats,"  and  expelled  union  members,  were  the  first  work- 
men to  be  barred  from  working  with  unionists  in  good 
standing.^  It  will  be  sufficient  here  merely  to  say  that  it  is 
only  under  exceptional  circumstances  that  any  union  will 
allow  its  members  to  work  with  a  "  scab  "  or  with  a  member 
who  has  been  expelled  for  a  criminal  offense,  such  as  em- 
bezzlement of  union  funds. ^  More  leniency  is  sometimes 
shown  to  members  expelled  for  non-payment  of  dues.  Against 
the  "scab,"  however,  relentless  warfare  is  maintained,  and 
any  unionist  who  ventures  to  work  with  him  without  the 
consent  of  his  organization  is  either  heavily  fined  or  ex- 
pelled from  membership. 

Ordinary  non-unionists. — By  far  the  most  important  class 
of  workmen  against  whom  American  trade  unionists  dis- 
criminate consists  of  non-union  men  who  have  not  "scabbed." 
Many  of  these  men  are  non-members  because  they  have 
never  had  an  opportunity  to  join  a  union  or  because  they 
have  always  worked  for  non-union  employers.  From  a 
union  standpoint  they  are  differentiated  from  "  scabs  "  in 
that  they  have  never  worked  "  unfairly  "  or  in  wilful  oppo- 
sition to  union  rules. 

Whether  non-union  men  of  this  type  are  allowed  to  work 
temporarily  with  union  members  in  closed  shops  is  usually 

*  See  above,  p.  21. 

*  The  Tin  Plate  Workers  and  a  few  other  unions  allow  an  expelled 
member  to  work  pending  appeal  of  his  case  to  the  national  union. 


6o         The  Closed  Shop  in  American  Trade  Unions.      [490 

a  matter  for  the  local  unions  to  decide.  Many  local  unions, 
when  strong  enough  to  enforce  their  demands,  will  not  allow 
any  one  to  be  employed  in  a  union  shop  unless  he  has  a 
paid-up  union  card  in  his  possession.  Should  a  non-unionist 
apply  for  employment  in  a  shop  where  such  a  union  has 
control,  he  is  informed  that  he  cannot  work  unless  he  be- 
comes a  member  of  the  union.  A  few  local  unions  have 
been  even  more  extreme  in  their  demands.  In  at  least  two 
cases  within  recent  years  local  unions  of  the  Machinists 
have  insisted  that  no  machinist  might  obtain  employment  in 
union  shops  until  he  had  been  a  member  of  the  union  for 
at  least  three  months.^  In  an  agreement  in  1900  between 
the  local  union  of  the  Painters  at  Memphis,  Tennessee,  and 
the  employers  it  was  stipulated  that  no  painter  should  be 
hired  by  the  latter  unless  he  held  a  union  card  paid  up  three 
months  in  advance.^  The  national  unions  for  the  most  part 
look  upon  such  rules  and  agreements  with  disfavor. 

But  while  it  is  not  usual  to  require  that  the  employer  in 
a  closed  shop  shall  not  employ  non-unionists,  it  is  frequently 
provided  that  he  shall  give  unionists  preference  over  non- 
members  in  employment.  In  many  agreements  it  is  merely 
stated  that  preference  shall  be  given  to  competent  union  men 
when  workmen  are  to  be  hired,  and  nothing  is  said  as  to 
how  the  employer  is  to  ascertain  whether  union  members 
are  available.^  Certain  unions  maintain  what  is  known  as 
a  "  waiting  list,"  on  which  are  registered  the  names  of  un- 
employed members  in  the  order  of  their  application.  If  an 
employer  needs  a  workman,  the  business  agent  sends  him 
the  member  whose  name  heads  the  list.  If  the  list  is  "op- 
tional," the  employer  may  hire  this  applicant  or  not,  as  he 
sees  fit.  Should  he  refuse  to  hire  him,  the  union  will  then 
send  him  the  member  next  on  the  list,  and  so  on.     If  the 

^Machinists'  Monthly  Journal,  December,  1906,  p.  1104;  December, 
1908,  p.  ro6g. 

^  Official  Journal  of  the  Brotherhood  of  Painters,  Decorators  and 
Paperhangers  of  America,  April,  1900,  p.  22. 

^  Window  Glass  Workers,  Local  Assembly  300,  Knights  of  Labor, 
Scale  of  Wages  and  Rules  for  Working,  September  15,  iSg^-June 
15,  1900,  Sec.  40. 


A 


49 1 ]  ^^^^  Simple  Closed  Shop.  6i 

list  is  "  compulsory,"  the  employer  is  required  to  hire  the 
first  union  member  sent  him.  The  "  union  "  waiting  list  is 
found  chiefly  in  the  unions  of  the  building  trades.  Other 
unions,  such  as  the  International  Typographical  Union  and 
the  United  Mine  Workers,  have  developed  the  "  shop " 
waiting  list.  The  two  kinds  of  lists  differ  considerably  in 
the  amount  of  preference  conferred.  When  a  union  main- 
tains a  "  shop  list,"  it  requires  only  that  "  the  employee  first 
laid  off  for  lack  of  work  "  shall  be  the  first  to  be  taken  on 
when  the  shop  needs  more  workmen.  When  a  "  compul- 
sory union  list "  is  in  force,  on  the  other  hand,  an  employer 
who  wants  men  is  required  to  hire  the  union  members  longest 
out  of  employment  whether  they  have  ever  been  in  his  em- 
ploy or  not,  and  he  is  permitted  to  hire  non-members  only 
when  all  the  members  of  a  local  union  have  obtained  em- 
ployment. Comparatively  few  "  union  "  lists  are  maintained. 
They  are  generally  found  in  connection  with  "  exclusive  " 
agreements,  that  is,  agreements  under  which  a  union  engages 
not  to  allow  its  members  to  work  for  any  employer  who  is 
not  a  member  of  the  employers'  association  with  which  the 
agreement  is  made.^ 

Even  more  restrictive  than  the  ordinary  "  compulsory " 
waiting  list  is  the  requirement  maintained  by  the  Brewery 
Workmen.  For  a  number  of  years  this  union  has  had  a 
rule  that  when  one  local  union  is  unable  to  furnish  as  many 
men  as  the  employers  desire,  it  must  exhaust  the  supply  of 
unemployed  members  in  adjacent  local  unions  before  allow- 
ing non-members  to  be  hired.^  Usually  preferential  em- 
plojTnent  is  not  provided  for  beyond  the  membership  of  a 
single  local  union  or  district  council,  but  in  this  case  it 
extends  to  a  considerable  part  of  the  members  of  the  na- 
tional union. 

Even  where  there  are  no  waiting  lists,  national  rules,  or 
agreements  for  the  preferential  employment  of  union  men 
it  is  customary  for  many  unions  to  insist  that  the  proprietors 

'  Eleventh   Special  Report  of   the   Commissioner  of   Labor,    1904, 
pp.  20-21. 
*  Constitution,  1901,  Art.  IX,  Sec.  18. 


62  The  Closed  Shop  in  American  Trade  Unions.      [492 

of  union  shops  shall  not  hire  non-union  men  as  long  as  com- 
petent unionists  are  unemployed.  When  it  is  impossible 
for  the  union  to  supply  workmen,  there  is  no  objection  to 
the  employment  of  non-unionists  who  are  eligible  for  mem- 
bership. In  man)'  unions  employers  are  expected  to  notify 
the  unions  if  they  need  workmen,  and  if  a  sufficient  number 
of  unionists  cannot  be  furnished  within  a  reasonable  time, 
the  employer  is  free  to  hire  non-members.^  Some  unions, 
however,  such  as  the  Barbers,  the  Meat  Cutters  and  Butcher 
Workmen,  the  United  Mine  Workers,  the  Plumbers,^  and 
the  Hotel  and  Restaurant  Employees,  do  not  require  an 
employer  to  observe  this  rule  when  an  emergency  arises, 
because  even  a  short  delay  in  securing  a  sufficient  labor  force 
would  be  likely  to  cause  irreparable  loss. 

When  the  employer  cannot  obtain  competent  union  men, 
he  is  allowed  to  hire  such  non-unionists  as  he  needs  as  long 
as  they  are  not  "scabs"  and  "perform  the  work  in  a  satis- 
factory manner."  Only  in  a  few  unions  does  restriction 
upon  the  employment  of  non-unionists  go  farther  than  this.^ 
While  in  most  closed  shops  the  employer  is  required  to  hire 
union  men  in  preference  to  non-unionists,  there  are  many 
unions  which  do  not  enforce  any  such  restriction.  If  the 
employer  prefers  to  hire  non-union  men  instead  of  idle  union- 
ists, he  is  allowed  to  do  so.  In  the  older  and  stronger 
unions  this  is  the  general  practise. 

In  all  closed  shops  non-unionists  who  have  been  em- 
ployed must,  within  a  certain  more  or  less  definite  time,  join 
the  union.*     This  period  varies  greatly  in  different  unions, 

^  In  many  cases  the  unions  are  given  twelve  hours'  notice ;  in 
others,  twenty-four.  Longer  notices  are  unnecessary,  since  the  union 
officials  ordinarily  know  from  day  to  day  what  members  are  out  of 
employment. 

*  In  the  Plumbers  exemption  from  notice  to  the  union  applies 
principally  to  jobbing  work. 

'  The  Flint  Glass  Workers  provide  that  "  when  competent  union 
gatherers  cannot  be  obtained  their  places  may  be  filled  from  the  boy 
help  in  the  respective  factories  where  the  shortage  occurs."  See 
Price  List  of  Machine  Made  Jars  and  Bottles,  for  the  Blast  of  1908 
and  1909,  Rules  and  Regulations  governing  the  Machine  and  Press 
Department,  Sec.  21. 

*  During  the  strike  of  the  Cloak  and  Suit  Makers'  Union  in  New 
York  City  during  the  summer  of  1910  Mr.  Louis  D.  Brandeis,  who 


493]  ^^^  Simple  Closed  Shop.  63 

in  some  cases  being  as  long  as  three  months.^  In  the  unions 
of  the  building  trades,  such  as  the  Bricklayers  and  Masons, 
the  United  Brotherhood  of  Carpenters,  the  Amalgamated 
Carpenters,  the  Painters,  and  the  Sheet  Metal  Workers,  as 
well  as  in  the  Molders,  the  Printers,  and  the  Printing  Press- 
men, wherever  the  local  unions  are  strong,  from  twenty- 
four  to  forty-eight  hours  is  the  usual  time  allowed  a  non- 
member  in  which  to  apply  for  membership.  If  this  appli- 
cation is  favorably  acted  upon,  he  is  initiated  at  the  next 
regular  meeting  of  the  union.-  Other  unions,  such  as  the 
United  Mine  Workers,  the  United  Garment  Workers,  the 
Machinists,  the  Tin  Plate  Workers,  the  Cigar  Makers,  and 
the  Meat  Cutters  and  Butcher  Workmen,  allow  non-union- 
ists from  ten  days  to  two  weeks  in  which  to  affiliate  them- 
selves. In  a  few  unions  a  period  as  long  as  one  month  is 
given  them.^  In  practically  all  unions  the  non-union  man 
is  allowed  to  work  until  he  has  had  at  least  one  payment  of 

acted  as  mediator  in  attempting  to  secure  the  settlement  of  the  dis- 
pute, proposed  that  the  union  sign  with  the  employers  an  agreement 
for  the  "  preferential  closed  shop,"  that  is,  that  the  employers  recog- 
nize the  union,  "  declare  in  appropriate  terms  their  sympathy  with 
the  union,  their  desire  to  aid  and  strengthen  the  union,"  and  agree 
"  that  as  between  union  men  and  non-union  men  of  equal  ability  to 
do  the  job,  they  will  employ  union  men"  (The  Outlook,  August  20, 
p.  855).  This  agreement,  though  first  opposed  as  being  the  "open 
shop  with  honey,"  was  finally  accepted  by  the  union.  The  non- 
unionists,  it  is  to  be  noted,  are  not  required  to  become  members  of 
the  union.  In  the  classification  adopted  in  this  monograph  such  a 
shop  is  an  "  open  shop."  See  also  Wyatt,  "  The  New  York  Cloak- 
Makers'  Strike,"  in  McCIure's  Magazine,  April,  191 1,  p.  711. 

*  In  some  cases  a  non-union  man  must  secure  a  "  working  permit  " 
before  he  can  work  in  a  closed  shop.  This  does  not  give  him  union 
membership,  but  apprizes  the  union  officials  that  a  non-unionist  is 
at  work. 

'  Bricklayers  and  Masons,  Proceedings  of  the  Twenty-first  Annual 
Convention,   1887,  p.   22. 

'  The  New  York  Cordwainers  in  1809  provided  that  "  strange 
journeymen"  who  did  not  come  forward  and  join  the  society  "in 
the  space  of  one  month  "  should  be  sent  a  notification  by  the  secre- 
tary of  the  society.  If  at  the  end  of  a  second  month  they  still 
did  not  join,  a  fine  of  three  dollars  was  assessed  upon  them.  Ap- 
prentices were  allowed  three  months'  time  after  becoming  "  free " 
in  which  to  join  the  society.  The  Philadelphia  tailors  in  1827  are 
said  to  have  had  a  rule  that  "  when  a  man  had  worked  in  a  shop 
ten  or  twelve  days  he  was  forced  to  join,  or  each  one  in  the  shop 
would  be  liable  to  a  fine"  (Commons  and  Gilmore,  Vol.  Ill,  p. 
367;  Vol.  IV,  p.  141). 


64         The  Closed  Shop  in  American  Trade  Unions.     [494 

wages.  In  the  Glove  Workers,  the  Jewelry  Workers,  and 
the  Longshoremen  it  is  unusual  for  a  non-union  man  to  be 
asked  to  join  the  union  until  he  has  had  two  "pays."  The 
unions  realize  that  it  is  usually  a  hardship  for  a  man  to  pay 
his  initiation  fee  and  dues  as  soon  as  he  obtains  employment. 

In  certain  unions  the  periods  within  which  non-unionists 
are  allowed  to  work  in  closed  shops  are  less  definite.  In 
the  agreements  of  the  Seamen  and  some  branches  of  the 
Longshoremen  with  the  vessel  owners'  associations  of  the 
Great  Lakes  and  with  the  Great  Lakes'  Towing  Company  it 
is  provided  that  non-unionists  may  be  employed  on  vessels 
when  union  men  are  not  available,  but  only  on  condition 
that  they  be  discharged  at  the  expiration  of  one  round  trip.* 
In  still  other  occupations,  where  a  period  of  probationary 
employment  is  necessary,  new  employees  are  not  required 
to  join  the  union  until  they  have  proved  satisfactory  to  the 
employer.  The  Street  and  Electric  Railway  Employees,  for 
instance,  in  their  agreements  with  electric  railway  com- 
panies generally  provide  that  new  employees  who  are  being 
tried  out  as  motormen  and  conductors  shall  not  be  required 
to  join  the  union  for  a  period  of  from  sixty  to  ninety  days.^ 
Similarly,  in  the  Glove  Workers,  the  Hod  Carriers  and 
Building  Laborers,  the  Hotel  and  Restaurant  Employees, 
and  other  unions  which  have  no  apprenticeship  system  a  new 
employee  is  not  asked  to  join  the  union  until  he  has  learned 
the  trade. 

Where  the  waiting  list  is  rigidly  enforced,  the  employ- 
ment of  a  non-unionist  may  be  terminated  at  any  time  by  a 
unionist's  becoming  available.  In  many  of  the  agreements 
of  the  Flint  Glass  Workers,  the  Blacksmiths,  the  Machinists, 
the  Plumbers,  and  the  Meat  Cutters  and  Butcher  Workmen 
it  is  provided  that  non-unionists  may  be  hired  only  "until 
union  men  can  be  furnished."  Usually  a  non-union  man 
employed  under  these  conditions  is  allowed  to  "  work  out 

*  Lake  Seamen,  Agreement  with  the  Lumber  Carriers'  Association, 
1907,  Art.  Ill;  Longshoremen,  Proceedings  of  the  Twelfth  Annual 
Convention,   1903,  p.  65. 

'  Street  and  Electric  Railway  Employees,  Year  Book,  1908,  p.  20. 


495]  ^^^  Simple  Closed  Shop.  65 

the  day,"  but  in  a  few  unions,  particularly  the  Longshore- 
men, he  is  given  only  a  half  day's  employment  if  a  unionist 
becomes  available.^  In  one  of  the  agreements  between  the 
Lithographers  and  the  Lithographers'  Association  (West), 
an  organization  of  employers,  it  was  provided  that  if  the 
union  could  not  furnish  on  fifteen  days'  notice  a  sufficient 
number  of  men  to  meet  the  need  of  any  member  of  the 
Association,  the  latter  might  hire  non-union  men.  These 
non-unionists  were  to  be  discharged  within  three  months' 
time  after  the  union  had  made  known  its  ability  to  furnish 
competent  mechanics  from  among  its  members.^  Notices 
such  as  this  are  extremely  unusual. 

Members  of  rival  unions. — When  the  trade  or  territorial 
jurisdiction  claimed  by  two  unions  is  identical  or  overlaps, 
the  members  of  the  two  unions  ordinarily  refuse  to  work 
with  each  other.  In  1898,  for  instance,  the  "  Baltimore 
organization  "  of  painters  in  its  struggle  with  the  "  Lafay- 
ette organization  "  declared  "  all  painters  not  affiliated  with 
the  Baltimore  headquarters  to  be  non-union  men."^  Seced- 
ing local  unions  and  the  national  union  have  always  been 
especially  hostile  to  one  another.*  When  the  trade  unions 
from  1881  on  began  to  demand  independence  from  the 
Knights  of  Labor,  the  latter  refused  to  allow  members  of 
the  unions  to  be  employed  in  the  shops  controlled  by  them. 
It  was  recognized  very  early  that  the  closed  shop  might  be 
a  powerful  weapon  in  many  jurisdictional  disputes.  Among 
those  in  which  it  has  been  much  used  in  recent  years  are 
the  disputes  between  the  Glass  Bottle  Blowers  and  the  Flint 
Glass  Workers,  between  the  United  Brotherhood  of  Car- 
penters and  the  Wood  Workers,  between  the  Plumbers  and 
the  Steam  Fitters,  between  the  Granite  Cutters,  the  Stone 
Cutters,  and  the  Marble  Workers,  and  between  the  Brick- 
layers and  Masons  and  the  Plasterers. 

*  Proceedings  of  the  Thirteenth  Annual  Convention.  1904,  p.  105. 
"  Lithographers,  MS.  Proceedings  of  the  Ninth  Convention,  1906, 

P-   72. 

*  Sixteenth  Annual  Report  of  the  Commissioner  of  Labor,  1901, 
p.  899.    See  also  Plant  v.  Wood,  176  Mass.,  492. 

*For  an  early  case,  see  Stone  Cutters'  Circular,  August,  1858,  p.  3. 

5 


66         The  Closed  Shop  in  American  Trade  Unions.      [496 

When  the  jurisdictions  claimed  by  two  unions  are  iden- 
tical, members  of  the  one  organization  refuse  to  work  with 
those  of  the  other  under  all  circumstances.  But  if  their 
jurisdictions  merely  overlap,  as  in  the  dispute  between  the 
Glass  Bottle  Blowers  and  the  Flint  Glass  Workers,  the 
members  of  one  of  the  unions  do  not  ordinarily  refuse  to 
work  with  members  of  the  other  except  on  the  particular 
class  of  employment  in  dispute.  Similarly,  the  Wood- 
workers would  not  complain  if  a  member  of  the  Carpenters 
was  hired  to  make  repairs  on  a  shop  in  which  the  Wood- 
workers were  employed,  but  they  would  strike  if  a  member 
of  the  Carpenters  was  hired  to  do  woodworking. 

In  commenting  upon  the  constantly  recurring  jurisdic- 
tional disputes  between  trade  unions,  the  editor  of  the 
Plumbers,  Gas  Fitters  and  Steam  Fitters'  Journal  in  1896 
lamented  that  less  courtesy  had  ordinarily  been  shown  to  the 
holder  of  an  "  opposition  card  "  and  that  life  had  been  made 
"  more  bitter  "  for  him  than  in  the  case  of  "  one  who  has 
always  remained  outside  the  pale  of  united  labor  and  who 
has  always  been  inamicable  to  its  interests."^  The  unions 
have  felt  that  when  a  non-unionist  secures  employment  in  a 
shop  controlled  by  them,  it  will  not  ordinarily  be  difficult  to 
induce  him  to  join  their  ranks.  But  the  union  in  control 
is  extremely  reluctant  to  allow  a  member  of  a  rival  or  hostile 
union  to  be  employed  in  a  shop.  There  is  always  the  danger 
that  he  may  win  over  the  shop  to  his  own  union. 

Some  unions  have  settled  their  jurisdictional  difficulties 
by  issuing  an  interchangeable  working  card,  as  is  done  by 
the  Bricklayers  and  Masons  and  the  Plasterers.  In  other 
cases  they  have  agreed  to  recognize  each  others'  cards  for 
a  certain  period,  as  has  been  done  by  the  United  Garment 
Workers  and  the  Shirt,  Waist  and  Laundry  Workers  and 
by  the  United  Brotherhood  of  Carpenters  and  the  Amalga- 
mated Carpenters.  These  methods  seem  to  be  growing  in 
favor. 

Suspended  and  fined  union  members. — Suspension  from 

'April,  1896,  p.  4. 


497]  ^^^^  Simple  Closed  Shop.  67 

union  membership  is  ordinarily  accompanied  by  the  loss  for 
a  certain  period  of  the  rights  and  privileges  attached  to  mem- 
bership. Except  that  suspended  members  need  not  pay  an 
initiation  fee  in  order  to  regain  "  good  standing  "  in  a  union, 
they  are  in  effect  non-members.  Most  closed-shop  unions 
exclude  suspended  members  from  employment  in  union 
shops.  In  i860  the  Cigar  Makers'  Society  of  the  State  of 
Maryland  forbade  the  employment  of  suspended  members 
"  in  any  shop,  on  any  consideration,  whatsoever."  So 
strictly  was  this  rule  enforced  that  a  suspended  member  was 
not  allowed  to  go  to  work  on  the  following  morning.^  At 
the  present  time  the  Cigar  Makers  and  other  unions  which 
make  the  label  an  important  device  are  particularly  careful 
to  see  that  suspended  members  are  not  employed  in  union 
shops.  The  unions  in  the  structural  building  trades,  espe- 
cially the  Bricklayers  and  Masons,  exclude  suspended  mem- 
bers from  employment  almost  absolutely.  While  there  are 
rules  against  working  with  suspended  members  in  practically 
all  the  closed-shop  unions,  these  rules  are  not  enforced  so 
rigidly  in  other  unions  as  in  the  "  label  trades "  and  the 
"  building  trades  "  unions. 

Some  unions,  as  for  example  the  Granite  Cutters,  allow 
suspended  members  to  remain  at  work  in  a  closed  shop  pro- 
vided they  agree  to  pay  up  back  dues  and  assessments.- 
Usually  they  are  allowed  to  pay  the  union  in  installments. 
This  accommodation  is  extended  chiefly  to  those  members 
who  are  in  financial  difficulties.  The  Window  Glass  Work- 
ers, Local  Assembly  300,  Knights  of  Labor,  also  allowed 
suspended  members  to  be  employed  as  "  spare "  workers 
when  members  of  the  Assembly  in  good  standing  were  not 
available.^  Special  consent  of  the  executive  board,  how- 
ever, had  to  be  secured  in  each  case.  Some  other  organiza- 
tions, too  weak  to  be  exacting  in  the  enforcement  of  their 


'  MS.  Minutes,  May  4,  i860. 

*  Most  suspension,s  arise  from  union  members'  neglecting  or  re- 
fusing to  pay  dues,  assessments,  or  fines. 

'Scale  of  Wages  and  Rules  for  Working  for  Blast  of  1904, 
Sec.  58. 


68         The  Closed  Shop  in  American  Trade  Unions.     [498 

rules,  allow  suspended  members  ample  time  in  which  to 
settle  their  debts. 

In  case  members  have  been  fined  for  "  scabbing,"  all 
closed-shop  unions,  as  far  as  possible,  exclude  them  from 
employment  until  the  fines  are  paid.  Many  fines  are  im- 
posed, of  course,  for  minor  offenses.  Some  unions,  among 
which  the  Bricklayers  and  Masons  take  chief  place,  discrim- 
inate against  fined  members  in  practically  the  same  manner 
as  they  do  against  suspended  members,  no  matter  for  what 
reason  the  fine  has  been  imposed.  In  other  organizations, 
such  as  the  Slate  and  Tile  Roofers^  and  the  Brewery  Work- 
men, fined  members  are  allowed  to  work  pending  an  appeal 
to  the  national  executive  board. 

Workmen  who  have  retired  from  the  union. — Most  unions 
provide  that  their  members  may  withdraw  or  retire  from 
active  membership  under  certain  conditions.  Members  who 
take  advantage  of  this  rule  are  not  required  to  pay  dues,  and 
they  are  deprived  of  most  of  the  privileges  of  active  member- 
ship. Retired  members  are  usually  required  to  deposit  their 
"  retiring  "  or  "  withdrawal  "  cards  with  the  proper  union 
officers  and  to  take  out  working  cards  before  "  seeking  work 
under  the  jurisdiction  of  any  subordinate  union. "^  The 
president  of  the  American  Federation  of  Musicians,  for  ex- 
ample, has  held  that  for  a  member  of  that  union  to  perform 
v/ith  or  for^  a  "  resigned  member  "  is  the  same  as  perform- 
ing with  a  non-member,  "  and  in  principle  is  a  violation  of 
the  interest  of  all  locals."* 

Travelling  union  members. — There  are  also  restrictions  in 
some  unions  upon  the  employment  of  travelling  members 
who  carry  so-called  "  travelling  "  or  "  clearance  "  cards.  In 
the  early  days  of  American  trade  unionism,  as  has  been 
noted,  the  different  trade  societies,  such  as  the  New  York 


'Report  of  Proceedings  of  the  First  Annual  Convention,  1903, 
p.  6. 

*  Printing  Pressmen,  Constitution,   1908,  Art.  XI,  Sec.  3. 

»A11  orchestra  and  band  leaders  or  contractors,  except  grand- 
opera  leaders,  are  required  by  the  Musicians  to  become  members  of 
the  union. 

*The  International  Musician,  February,  1904,  p.  6. 


499]  -^^^^  Simple  Closed  Shop.  69 

Typographical  Society  and  the  Journeymen  Cordwainers  of 
Pittsburgh,  did  not  refuse  to  work  with  "  strangers  "  unless 
they  were  "  scabs."  In  i860  the  Cigar  Makers'  Society  of 
Maryland  provided  that  strangers  should  not  be  allowed  to 
work  in  union  shops  unless  they  could  prove  their  member- 
ship in  another  cigar  makers'  society.^  There  was  discrimi- 
nation against  travelling  non-unionists  and  "  scabs,"  but 
none  against  members  of  other  local  societies  in  the  same 
trade.  This  was  undoubtedly  the  general  practice  of  all 
labor  organizations  until  about  1870. 

As  soon  as  the  scattered  local  organizations  had  formed 
national  unions  a  further  step  was  taken.  Increased  facili- 
ties for  transportation  had  by  this  time  made  the  travelling 
journeyman  a  serious  problem,  especially  in  certain  unions, 
as  the  Iron  Molders,  the  Granite  Cutters,  the  Bricklayers 
and  Masons,  and  the  Printers,  where  "  bumming "  and 
"tramping"  had  always  been  prevalent.  Many  travelling 
members,  especially  in  the  building  trades,  would  work  for 
a  few  days  in  one  locality,  and  then  move  on  without  becom- 
ing members  of  the  local  union.  The  latter  naturally  com- 
plained, since  it  was  thus  deprived  of  its  dues.  The  practice 
was  finally  broken  up  in  the  building  trades  by  requiring  that 
travelling  members  should  not  be  allowed  to  go  to  work  in 
union  shops  until  they  had  exchanged  their  travelling  cards 
for  local  working  cards.  Accordingly  in  unions  which  have 
adopted  this  rule  "  a  man  holding  a  travelling  card  from 
one  local  and  working  under  the  jurisdiction  of  another,  has 
no  more  unionistic  rights  or  privileges  than  a  non-union 
man,"  and  until  he  deposits  his  card  all  local  unions  are 
instructed  to  "treat  him  accordingly."" 

In  a  few  unions  also  the  local  unions  have  established  a 
form  of  local  protection  by  securing  the  insertion  in  agree- 
ments with  employers  that  none  but  members  of  tlie  local 
unions  shall  be  given  employment.^  In  other  agreements 
practically  the  same  end  is  reached  by  a  provision  that  pref- 

» MS.   Minutes,   October  5,    i860. 

*  Slate  and  Tile  Roofers,  Proceedings  of  the  Second  Convention, 
1904,  p.  10,  President's  Report. 
'  Machinists'   Monthly  Journal,  July,   1902,  p.  405. 


JO         The  Closed  Shop  in  American  Trade  Unions.      [500 

erence  in  employment  shall  be  given  to  members  of  the 
local  union. ^  Only  a  few  national  unions,  such  as  the  Musi- 
cians and  the  Longshoremen,  approve  such  provisions.  The 
Musicians  allow  members  of  one  local  union  to  refuse  to 
perform  with  members  of  another  who -are  brought  into 
their  jurisdiction  to  fill  a  season's  engagement.  If  the  en- 
gagement is  a  temporary  one,  discrimination  is  not  per- 
mitted. The  Longshoremen  forbid,  under  penalty  of  expul- 
sion, the  members  of  one  local  union  to  accept  employ- 
ment under  the  jurisdiction  of  another  without  first  obtain- 
ing its  consent.^ 

A  number  of  important  unions,  including  the  Glass  Bottle 
Blowers,  the  Window  Glass  Workers,  the  Flint  Glass  Worlc- 
ers,  the  Machinists,  the  Granite  Cutters,  the  Hatters,  the 
United  Mine  Workers,  the  Pocket  Knife  Grinders,  and  the 
Wood  Carvers,  allow  a  travelling  member  to  work  on  his 
clearance  or  travelling  card  until  the  next  meeting  of  the 
local  union.^  He  must  then  deposit  the  travelling  card  and 
secure  a  working  card.  At  one  time  the  United  Mine 
Workers  provided  that  a  clearance  card  "  from  any  legal- 
ized or  recognized  labor  union,  anywhere,  known  to  be 
friendly  to  the  United  Mine  Workers  of  America,  shall  be 
accepted."*  In  all  of  these  unions  there  is  little  risk  that 
travelling  members  will  be  able  to  change  their  place  of  em- 
ployment so  quickly  as  to  evade  control  by  local  unions  in 
whose  jurisdiction  they  obtain  work.  Members  who  travel 
without  cards  are  generally  required  to  agree  "  to  the  initia- 
tion fee  being  retained  until  a  transfer  card  has  been  pro- 
duced, before  being  permitted  to  work."^  Otherwise  unions 
would  be  subject  to  loss  through  false  representation.* 

1  Meat  Cutters  and  Butcher  Workmen,  Official  Journal,  April, 
1903.   p.   24. 

*  Constitution,  1908,  Rules  for  Locals,  Sec.  3. 

» The  Hatters  require  the  deposit  of  the  travelling  card  within 
twenty-four  hours. 

*  Constitution,  1899,  Art.  VI,  Sec.  2. 

*  United  Mine  Workers,  Constitution  of  District  No.  12,  1910, 
Art.  VIII,  Sec.  4. 

«  Among  the  Musicians  and  the  Theatrical  Stage  Employees  a 
large  number  of  union  men  are  constantly  travelling  with  theatre 


50i]  The  Simple  Closed  Shop.  yi 

Union  members  working  at  two  trades. — The  American 
Federation  of  Musicians  in  several  respects  has  gone  further 
in  its  closed-shop  policy  than  any  other  American  trade  union. 
One  rule  peculiar  to  this  union  requires  that  members  who 
work  at  some  other  trade  in  addition  to  performing  in  a 
band  or  orchestra  must  join  the  union  of  that  trade,  pro- 
vided it  is  an  organized  one  and  affiliated  with  the  American 
Federation  of  Labor.  Moreover,  such  members  must  work 
only  in  closed  shops  even  though  the  union  of  the  trade  per- 
mits its  members  to  work  in  open  shops. ^  For  violation  of 
this  rule  a  member  of  the  Musicians  is  liable  to  be  fined  or 
otherwise  penalized  exactly  as  if  he  had  performed  in  a 
band  with  non-union  musicians.  The  primary  reason  for 
the  adoption  of  this  rule  seems  to  have  been  a  desire  to  gain 
favor  for  the  Musicians  among  other  unions.  If  the  mem- 
bers of  another  union  form  a  band,  the  Musicians  regard  it 
as  "  non-union,"  and  refuse  to  allow  their  members  to  per- 
form with  it  even  on  Labor  Day. 

Workmen  in  "semi-closed"  shops. — In  marked  contrast 
to  the  policy  of  the  Musicians  is  that  of  certain  unions  which 
allow  their  members  to  work  in  what  may  be  designated  as 
"  semi-closed  "  shops.  Such  shops  are  found  in  a  few  unions 
which  have  jurisdiction  over  two  or  more  allied  trades,  such 
for  instance  as  the  Bricklayers  and  Masons,  the  Painters, 
Decorators  and  Paperhangers,  the  Flint  Glass  Workers,  the 
United  Garment  Workers,  the  Typographical  Union,  and  the 
Longshoremen.  In  each  of  these  organizations  local  unions 
are  formed  in  each  "  branch  "  or  trade  whenever  possible. 
It  often  happens  that  when  the  local  union  in  one  branch  is 
stronger  than  that  in  another,  it  enforces  the  closed  shop 
for  itself,  but  refuses  to  strike  against  the  employment  of 
non-union  men  on  work  over  which  the  other  branch  has 
jurisdiction. 

companies.  These  members  are  required  wherever  they  go  to  per- 
form or  work  only  with  unionists.  An  exception  to  this  rule  is 
made  when  no  local  union  exists  in  the  locality.  Usually  such 
members  hold  membership  cards  in  certain  local  unions  instead  of 
travelling  cards. 

'  The  International  Musician,  June,  1906,  p.  3.  Decisions  of  the 
Executive  Board.  No.  56. 


72         The  Closed  Shop  in  American  Trade  Unions.      [502 

Curiously  enough,  it  has  been  in  the  Bricklayers  and  Ma- 
sons' International  Union,  where  the  exclusion  of  non-union 
men  from  employment  has  been  carried  out  with  unusual 
strictness,  that  the  most  important  cases  of  this  character 
have  occurred.  The  bricklayers  have  always  outnumbered 
the  masons  in  the  national  union,  and  their  branch  is  in  most 
localities  the  better  organized.  The  bricklayers,  moreover, 
have  local  unions  in  many  localities  where  the  masons  are 
entirely  unorganized.  As  a  consequence,  local  unions  of 
bricklayers  have  frequently  enforced  the  exclusive  employ- 
ment of  their  own  members  on  the  brick  work  of  buildings, 
but  have  raised  no  objection  to  the  employment  of  non- 
unionists  or  even  "  scabs  "  to  do  the  masonry  work.  Either 
the  bricklayers  were  indifferent,  or  they  thought  it  imprac- 
ticable to  compel  employers  to  organize  masons'  unions. 
The  matter  has  frequently  been  complicated  by  the  fact  that 
different  employers  had  contracted  for  the  masonry  and  the 
brick  work. 

For  a  number  of  years  the  masons  protested  vigorously 
against  the  failure  of  the  bricklayers  to  discriminate  in  favor 
of  union  masons.  Finally,  in  1890,  the  breach  between  the 
two  branches  had  grown  so  wide  that  the  Pittsburgh  masons' 
union  suggested  that  the  masons  secede  from  the  Interna- 
tional Union  and  form  a  separate  organization.^  The  situa- 
tion has  gradually  been  improved  by  the  adoption  of  "  work- 
ing codes  "  in  many  localities.  These  "  codes  "  are  agree- 
ments between  the  local  branches  of  bricklayers  and  of 
masons.  They  provide  that  union  men  exclusively,  both 
bricklayers  and  masons,  must  be  employed  on  a  building  if 
men  of  either  branch  are  to  work  on  it.  Some  of  the  "  codes  " 
require  that  a  contractor  pay  a  fine  for  employing  either 
non-union  masons  or  bricklayers.^  Other  "  codes  "  provide 
that  members  of  the  International  Union  shall  not  be  allowed 
to  work  for  an  employer  unless  he  contracts  for  both  the 

^  Report  of  the  President  and  Secretary  for  the  Term  ending 
December    i,    1890,    Report    of    Secretary,    p.    39. 

^  Forty-first  Annual  Report  of  President  and  Secretary,  for  the 
Term  ending  December  i,   1906,  pp.    136-137. 


503]  The  Simple  Closed  Shop.  73 

brick  work  and  the  masonry  of  a  building.^  The  national 
officers  have  vigorously  urged  the  adoption  of  such  working 
arrangements. 

The  Flint  Glass  Workers,  a  union  composed  of  many  dif- 
ferent branches,  have  adopted  rules  intended  to  prevent  the 
existence  of  the  "semi-closed"  shop.  Thus  provision  has 
been  made  that  union  glass  workers  shall  refuse  to  make 
"blanks"  for  non-union  glass  cutters,^  that  "no  mould 
maker  shall  make  or  repair  moulds,  to  be  worked  by  non- 
union glass  workers,"^  that  "  no  union  lamp  worker  shall 
work  tubing  made  by  non-union  tube  blowers,"*  and  that 
"  no  glass  worker  shall  be  allowed  to  make  bottles  or  stop- 
pers for  non-union  stopperers  to  work."^  Likewise  the 
Musicians  provide  that  union  prompters  shall  not  officiate 
at  entertainments  where  non-union  musicians  are  employed 
unless  unionists  are  unavailable.®  Many  other  unions,  such 
as  the  Potters  and  the  Brewery  Workmen,  have  adopted 
similar  rules.  No  union  will  allow  its  label  to  be  attached 
to  the  product  of  a  shop  in  which  non-union  men  are  em- 
ployed on  any  work  over  which  the  union  claims  jurisdiction.'^ 
The  "  semi-closed "  shop  is  still  common,  however,  among 
the  Meat  Cutters  and  Butcher  Workmen  and  the  Long- 
shoremen. 

Helpers. — Several  closed-shop  unions,  as  for  example  the 
Plumbers,  the  Steam  Fitters,  the  Printing  Pressmen,  and 
the  Ceramic,  Mosaic  and  Encaustic  Tile  Layers,  are  com- 
posed of  journeymen  and  helpers.  As  far  as  possible  the 
latter  are  organized  into  separate  local  unions.  The  help- 
ers are  thus  permitted  to  some  extent  to  regulate  their 
own  affairs,  and  their  association  is  generally  spoken  of  as 
the  "  junior  organization."  It  is  not  independent  of  the 
"  senior  "  or  journeymen's  branch  of  the  union,  but  on  the 

1  Thirty-sixth  Annual  Report  of  President  and  Secretary,  Decem- 
ber I,   1901,  p.   196. 
« Constitution,  189s.  Art.  XXVII,  Sec.  i. 
'Constitution,    1886,    Art.   XXV.    Sec.    i. 

*  Constitution,    1895,   Art.    XXXII,   Sec.   5. 

*  Ibid.,  Constitution  of  Local  Unions,  Art.  XX. 

« Constitution,  1910,  Standing  Resolutions,  No.  18. 
'  Spedden,  pp.  51-55. 


74         The  Closed  Shop  in  American  Trade  Unions.     [504 

contrary  is  usually  compelled  to  adjust  its  working  rules  in 
accordance  with  the  wishes  of  the  journeymen.  In  the 
unions  mentioned,  union  helpers  are  not  allowed  to  work 
with  non-union  journeymen,  and  in  turn  journeymen  mem- 
bers of  these  unions  must  see  that  their  helpers  carry  union 
cards.  The  Printing  Pressmen  provide,  for  instance,  that 
"  all  apprentices  in  web  pressrooms  must  come  from  the 
assistant's  unions,"^  while  the  Tile  Layers  have  a  rule  that 
"  all  tile  layers  must  work  with  union  helpers."^  The  United 
Association  of  Journeymen  Plumbers,  Gas  Fitters,  Steam 
Fitters  and  Steam  Fitters'  Helpers  requires  that  union  steam 
fitters  employed  on  out-of-town  work  "  shall  work  with  no 
helpers  except  those  who  belong  to  the  United  Association," 
provided  there  is  a  helpers'  union  in  the  city  from  which  the 
journeymen  come.^  Since  the  adoption  of  this  rule,  how- 
ever, agreements  have  been  signed  with  employers  which 
provide  that  non-union  helpers  may  be  employed  until  a 
local  helpers'  union  is  organized.*  The  International  Asso- 
ciation of  Steam,  Hot  Water  and  Power  Pipe  Fitters  has 
followed  a  similar  policy.^ 

Foremen  and  superintendents. — Foremen,  "  bosses  "  and 
superintendents  in  many  unions  are  admissible  to  member- 
ship. Whenever  such  membership  is  compulsory,  they  are 
required  to  observe  the  same  rules  as  journeymen  regarding 
the  persons  with  whom  they  work.  In  fact,  an  additional 
responsibility  for  the  maintenance  of  the  closed  shop  is 
placed  upon  them,  since  they  have  the  power  to  hire  and  dis- 
charge workmen.  In  such  unions  if  a  non-union  foreman 
or  superintendent  refuses  to  join  a  union  when  asked  to  do 
so,  the  union  will  endeavor  to  effect  his  discharge.  Many 
strikes  "  for  the  recognition  of  union  rules  "  have  originated 

*  Constitution,    1908,   By-Laws,   Art.   Ill,   Sec.   2. 
"  Constitution,   1905,  Art.  XV,   Sec.  4. 
'Constitution,  1902,  Art.  XXV.  Sec.  18. 

*  Plumbers,   Gas   and   Steam  Fitters'  Official  Journal,   May,    1905, 

p.   13- 

'  In  their  Constitution  for  1886  (Art.  IV,  Sec.  s)  the  Window 
Glass  Workers,  Local  Assembly  300,  Knights  of  Labor,  provided 
that  no  glass  blower  should  "  take  an  apprentice  to  blow  who  is 
not  a  gatherer  and  a  member  of  the  Assembly." 


505]  The  Simple  Closed  Shop.  75 

in  this  manner.  In  a  few  unions,  on  the  other  hand,  such 
as  the  Iron  Molders  and  the  Paving  Cutters,  foremen  in 
union  shops  cannot  continue  as  active  members  of  the  union, 
but  must  hold  retiring  cards. 

In  some  national  unions,  as  for  example  the  Shirt,  Waist 
and  Laundry  Workers,  the  Table  Knife  Grinders,  and  in 
many  local  unions  in  the  building  trades,  membership  is 
optional  with  foremen.  In  other  unions,  like  the  Glove 
Workers,  foremen  are  excluded  from  membership  entirely. 
Yet  even  in  such  unions  certain  requirements  are  often  im- 
posed on  the  foremen  of  union  shops.  If  a  foreman  han- 
dles the  tools  of  the  trade,  the  union  requires  that  he  must 
be  a  practical  mechanic.  Strikes  have  often  been  called 
against  shops  because  the  foremen  had  never  fully  learned 
the  trade.  In  the  building  trades,  union  men  often  refuse 
to  work  with  foremen  of  this  kind,  not  only  on  closed-shop 
jobs  but  on  open-shop  jobs  also.^  As  long  as  the  foreman 
is  a  competent  mechanic  or  as  long  as  he  refrains  from 
working  at  the  trade,  those  unions  in  which  foremen  are 
inadmissible  to  membership  do  not  object  to  the  employer's 
choice  of  a  foreman.  In  large  shops,  of  course,  foremen 
seldom  work  at  the  trade. 

Employers. — In  a  number  of  unions,  employers  who  work 
at  the  trade  are  required  to  become  members  of  the  union. 
They  must  not  employ  non-unionists,  and  if  they  do  they 
are  fined  or  are  expelled  from  union  membership  and 
"  scabbed."  The  Bricklayers  and  Masons  fine  a  contractor 
who  is  a  union  member  as  much  as  one  hundred  dollars 
for  hiring  "  scabs."  Likewise  in  all  unions  in  which  the 
employer  is  required  to  become  a  member,  journeymen 
members  are  penalized  for  working  with  an  employer  who 
is  not  a  member  of  the  union.     Still  severer  penalties  are 

*  Most  unions  in  the  building  trades  require  foremen  to  become 
members  of  the  union  because  they  work  usually  with  the  journey- 
men. Occasionally,  however,  they  have  been  forced  to  sign  agree- 
ments in  which  it  was  provided  that  the  foreman  "  shall  be  the 
agent  of  the  employer,"  and  "  shall  not  be  subject  to  union  rules." 
See  Bricklayers  and  Masons,  Forty-second  Annual  Report  of  Presi- 
dent and  Secretary,  for  the  Term  ending  December  i,  1907,  p.  178. 


y6         The  Closed  Shop  in  American  Trade  Unions.     [506 

imposed  when  the  employer  has  been  expelled  from  the 
union. 

In  many  unions  an  employer  who  does  not  work  at  the 
trade  is  allowed  to  retain  active  membership  in  a  union  but 
is  not  required  to  do  so.  He  can  keep  "  in  good  standing  " 
only  as  long  as  he  "pays  the  scale  of  wages,  hires  none  but 
union  men  and  complies  with  the  constitution  and  by-laws  " 
of  the  organization  with  which  he  is  affiliated.^  In  many 
unions  he  is  forbidden  to  join  an  employers'  association. 
Employers  who  hold  retiring  or  withdrawal  cards  are  likely 
to  have  their  membership  taken  away  if  they  attempt  to  run 
open  shops.  The  Barbers^  and  the  Bakery  and  Confection- 
ery Workers  afford  many  examples  of  the  enforcemenc  of 
this  rule. 

The  Musicians  require  that  all  persons  who  take  contracts 
for  performances  in  which  union  musicians  are  to  partici- 
pate must  be  union  members.  In  addition  they  insist  that 
all  employers  who  play  in  union  bands  and  orchestras  must 
employ  only  union  labor,  if  the  trade  to  which  their  work- 
men belong  is  organized  in  a  union  affiliated  with  the  Amer- 
ican Federation  of  Labor.  In  1903  Secretary  Miller  re- 
ported that  he  had  frequently  ordered  "  barber  bosses,  cigar 
manufacturers  (on  a  small  scale),  and  painter  bosses  to  be 
stricken  from  the  roll "  because  of  their  refusal  to  employ 
union  men.^  In  unions  other  than  the  Musicians  there  is 
little  occasion  to  enforce  such  a  rule,  since  it  rarely  happens 
that  journeymen  in  one  trade  carry  on  business  as  employers 
in  another. 

In  those  unions  in  which  employers  are  inadmissible  to 
union  membership  they  are  allowed  to  work  in  their  own 
shops.  Objections  have  occasionally  been  raised  against 
allowing  employers  who  have  never  learned  the  trade  to  do 
a  journeyman's  work,  but  it  is  the  general  feeling  among 
the  unions  that  even  if  an  employer  has  not  learned  the  trade 
he  should  be  allowed  to  work  in  his  own  shop  or  factory. 

*  Electrical  Workers,  Constitution,  1901,  Art.  VI,  Sec.  4. 

*  The  Barbers'  Journal,  July,  1900,  p.  147;  December,  1901,  p.  324; 
January,    1906,  p.   283. 

'  Proceedings  of  the  Eighth  Annual  Convention,  1903,  p.  37. 


507]  The  Simple  Closed  Shop.  jj 

When  the  shop  is  conducted  by  a  firm  or  a  joint-stock  com- 
pany, restrictions  are  often  placed  upon  work's  being  done 
by  members  of  the  firm  or  by  stockholders  in  the  company 
who  are  not  members  of  the  union.  In  the  building  trades 
the  unions  usually  limit  the  number  of  firm  members  or 
stockholders  who  may  be  permitted  to  do  journeymen's 
work  without  becoming  members  of  the  union. ^  In  other 
agreements  members  of  firms  and  stockholders  are  restricted 
to  certain  kinds  of  work.  If  it  were  not  for  regulations  of 
this  kind,  journeymen  in  many  trades,  such  for  example  as 
plumbing,  could  organize  firms  to  take  contracts  at  prices 
that  would  amount  virtually  to  cutting  the  union  rate  of 
wages.  To  deprive  such  firms  of  union  labor  unless  they 
agree  to  limit  the  number  of  working  employers  restricts 
them  to  contracts  of  minor  importance.^ 

Apprentices. — Apprentices  have  a  peculiar  status  in  closed 
shops.  They  are  rarely  admissible  to  full  union  member- 
ship, but  they  are  prospective  union  members  and,  in  a 
fashion,  wards  of  the  unions.  Almost  all  closed-shop  unions 
require  that  apprentices  must  be  "  registered  on  the  books 
of  the  union."  The  Hatters  require  that  all  work  in  union 
factories  must  be  done  by  union  members  "  exclusively,  or 
by  registered  apprentices."^  No  apprentice  is  registered 
until  it  has  been  ascertained  whether  his  employer  is  enti- 
tled, under  union  rules,  to  have  an  apprentice.  If  trouble 
occurs  in  the  enforcement  of  this  rule,  it  is  usually  provided 
that  the  shop  where  the  difficulty  occurs  shall  be  declared 
"  unfair,"  and  that  "  no  union  man  shall  accept  employment 
in  such  shop."*  In  the  unions  of  the  building  trades  an 
apprentice  is  ordinarily  not  permitted  to  go  to  work  ''  unless 
he  is  on  record. "°  In  some  cases  it  has  been  agreed  with 
the  employer  that  the  apprentice  shall  "not  be  subject  to 

'The  Electrical  Worker,  July,  1898,  p.  7. 
Stockholders  in  union  cooperative  shops  and  factories  are  always 
required  to  keep  "  in  good  standing." 

*  Constitution,    1900,   Art.   II,   Sec.   2. 

<  Horseshoers,  Constitution.  1908,  By-Laws,  Art.  XXIII.  Sec.  8. 

'Bricklayers  and  Masons,  Thirty-seventh  Annual  Report  of  Presi- 
dent and  Secretary,  December   i,   1902,  Report  of   President,  p.  2. 


78  The  Closed  Shop  in  American  Trade  Unions.      [508 

union  rules  and  shall  at  all  times  be  under  the  control  of  the 
employer."^  Apprentices  who  have  been  registered  in  the 
shop  of  one  employer  are  not  allowed,  except  in  unusual 
cases,  to  leave  his  employ  until  the  expiration  of  their  term 
of  apprenticeship.  Union  members  will  not  ordinarily  work 
with  "  runaway  "  apprentices. 

In  many  unions  an  apprentice  is  required  to  carry  an 
"  apprentice  card,"  for  which  a  small  fee  is  sometimes 
charged.  This  card  must  be  renewed  at  regular  intervals, 
exactly  like  a  journeyman's  card.^  Thus,  the  Painters  pro- 
vide that  wherever  the  "  working  card  system,"  that  is,  the 
closed  shop,  is  enforced,  apprentices  must  carry  working 
cards. ^  Since  1896  apprentices  in  "  label  shops  "  controlled 
by  the  Cigar  Makers  have  been  "  honorary "  members  of 
the  union. 

Apprentices  who  go  to  work  in  "  scab  "  or  struck  shops 
ordinarily  become  "  unfair,"  and  are  "  liable  to  such  pen- 
alty or  fine  as  the  local  society  may  inflict."*  If  they  are 
fined,  they  cannot  work  with  union  journeymen  until  their 
fine  has  been  paid.  If  their  names  are  taken  off  the  register 
of  the  union,  they  are  permanently  excluded  from  work  in 
closed  shops.  Whether  apprentices  are  required  to  strike 
with  the  journeymen  or  not  depends  partly  on  how  far  their 
remaining  at  work  will  "  materially  affect  the  position  of 
either  party  to  the  controversy."^  If  the  interruption  of 
apprenticeship  will  seriously  handicap  the  apprentice  in 
learning  the  trade,  he  is  not  ordinarily  required  to  strike 
with  the  journeymen.® 

1  Joint  Arbitration  Agreement  between  the  Chicago  Masons  and 
Builders'  Association  and  Union  No.  21  of  the  Bricklayers  and 
Masons'  International  Union,  April  i,  1903,  to  May  i,  1905,  p.  30. 

*  Motley,  "  Apprenticeship  in  American  Trade  Unions,"  in  Johns 
Hopkins  University  Studies  in  Historical  and  Political  Science,  Ser. 
XXV,   Nos.    11-12,  pp.  79-80. 

3  Constitution,  1902,  Art.  XXXXV,  Sec.  4. 

*  Constitution  and  By-Laws  of  the  Hat  Coners'  and  Slippers'  So- 
ciety of  Danbury,  Conn.,  and  Danbury  District,  Art.  X,  Sec.  3. 
Reprinted  in  the  Sixth  Annual  Report  of  the  Bureau  of  Labor  Sta- 
tistics of  the  State  of  Connecticut,  1890,  p.  314. 

»  Motley,  p.  88. 

*  Ibid. 


509]  The  Simple  Closed  Shop.  79 

The  Printers,  the  Printing  Pressmen,  and  the  Steel  and 
Copper  Plate  Printers  allow  local  unions  to  admit  appren- 
tices to  "  conditional  membership  "  in  the  last  year  of  their 
apprenticeship.  Should  an  applicant  for  such  membership 
be  refused  admission  on  the  ground  of  incompetency,  how- 
ever, the  national  unions  have  declared  that  it  is  not  either 
"necessary  or  proper  that  union  men  should  refuse  to  con- 
tinue at  work  "  where  the  rejected  candidate  is  employed.^ 
Another  year  of  his  term  remains  in  which  it  is  possible 
that  the  apprentice  may  become  proficient. 

Workmen  inadjnissible  to  union  membership. — From 
almost  every  union  certain  classes  of  persons  are  excluded 
on  account  of  sex,  race,  or  incompetency.  These  persons 
may  be  willing  to  join  the  union,  but  they  are  ineligible  to 
do  so,  and  they  are  not  allowed  to  work  in  closed  shops. 
Opposition  to  them  is  as  strong  as,  if  not  stronger  than,  to 
"  scabs ; "  it  is  always  stronger  than  to  ordinary  non-union 
men.  In  the  building  trades,  union  members  have  repeat- 
edly refused  to  work  with  unskilled  laborers  or  "  handy 
men "  even  on  open-shop  jobs.  The  Bricklayers  and  Ma- 
sons at  one  time  had  several  local  unions  in  the  South  which 
refused  to  work  with  competent  negroes,  but  made  no  ob- 
jection to  the  steady  employment  of  non-union  whites  eli- 
gible for  membership.  If  non-unionists  who  are  admissible 
to  membership  are  allowed  to  work,  there  is  a  possibility 
that  they  may  join  the  union,  but  every  person  inadmissible 
to  union  membership  who  is  allowed  to  do  work  claimed  by 
the  union  for  its  members  weakens  the  control  of  the  union 
over  the  trade.^ 

A  word  may  be  said  finally  concerning  the  relation  of  ter- 
ritorial jurisdiction  to  the  enforcement  of  the  closed  shop. 
In  many  American  trade  unions  the  jurisdiction  of  one  local 

1  Printing  Pressmen,  Constitution,  1908,  By-Laws,  Art.  III.  Sec.  4; 
Steel  and  Copper  Plate  Printers,  Constitution,  1900,  General  Laws, 
Sec.  22. 

'For  humanitarian  reasons,  old  men  ineligible  to  union  mem- 
bership are  sometimes  allowed  to  work  at  their  trade  in  union 
shops.  The  Musicians  permit  union  members  to  perform  with  ama- 
teur musicians  who  are  ineligible  to  membership,  provided  the  latter 
do  not  compete  with  union  bands  and  orchestras  for  engagements. 


8o         The  Closed  Shop  in  American  Trade  Unions.     [510 

union  extends  in  any  direction  half  way  to  the  nearest  sister 
local,  and  thus  there  is  no  locality  where  some  local  union 
does  not  have  authority.  In  such  unions,  union  men,  wher- 
ever they  go,  are  required  to  observe  the  closed-shop  rule. 
In  other  unions  local  organizations  are  restricted  in  their 
jurisdiction  to  the  limits  of  a  city  or  to  a  certain  district,  so 
that  some  localities  are  not  under  the  jurisdiction  of  any 
local  union.  In  such  places  it  is  not  obligatory  upon  union 
members  to  refuse  to  work  with  non-unionists. 


CHAPTER  IV. 
The  Extended  Closed  Shop. 

The  application  of  the  closed-shop  principle  is  not  limited 
to  a  single  shop,  but  in  many  unions  has  been  extended  to 
cover  two  or  more  shops.  These  separate  shops  taken 
together  are  considered  by  the  unions  as  one  shop,  and  the 
principle  of  exclusion  is  enforced  in  them  as  if  they  were 
a  single  shop. 

The  simplest  form  of  the  extended  closed  shop  is  found 
in  union  regulations  concerning  subcontracting.  In  the 
building  trades  a  general  contractor  often  sublets  part  of 
the  work  on  a  building  to  another  contractor.  Where  the 
job  is  a  large  one,  several  of  these  subcontractors  may  em- 
ploy men  at  work  which  falls  within  the  jurisdiction  of  a 
single  union.  Thus  one  of  them  may  have  the  subcontract 
for  laying  floors,  another  for  erecting  doors,  and  another 
for  setting  window-frames.  In  each  of  these  cases  the 
subcontractor  would  employ  carpenters.  At  the  same  time 
the  general  contractor  may  have  reserved  some  carpentry 
work  to  be  done  under  his  immediate  direction. 

When  a  general  contractor  sublets  work,  he  usually  feels 
that  he  is  not  responsible  to  the  union  for  the  method  in 
which  the  subcontractor  conducts  the  work.  Since  he  him- 
self does  not  hire  the  workmen,  he  regards  each  subcon- 
tract as  a  separate  job  or  shop.  In  his  opinion  if  one  of  his 
subcontractors  employs  non-union  men,  it  should  not  be 
a  cause  of  complaint  by  the  union  against  other  subcontrac- 
tors or  against  himself.  Each  subcontractor  who  employs 
union  men  maintains  likewise  that  since  he  exercises  no 
control  over  the  general  contractor  or  over  other  subcon- 
tractors, strikes  should  not  be  called  against  him  if  they 
employ  non-unionists.  Many  unions,  however,  insist  that 
all  the  subcontracts  shall  be  regarded  together  as  a  single 
6  8i 


82  The  Closed  Shop  in  American  Trade  Unions.      [512 

job  or  shop,  and  demand  that  all  workmen  in  their  trade 
employed  on  the  contract  shall  be  unionists. 

In  the  building  trades  the  Bricklayers  and  Masons  have 
been  particularly  active  in  this  policy.  Many  of  their  local 
"working  codes"  and  agreements  have  provided  that  "fair" 
employers  shall  not  sublet  work  to  non-union  contractors.^ 
The  national  executive  board  has  also  decided  in  several  cases 
that  it  is  not  permissible  for  union  bricklayers  and  masons  to 
work  with  non-members  for  a  "  fair  "  firm  which  has  sublet 
to  non-union  employers  or  for  a  "  fair  "  employer  who  has 
subcontracted  from  an  "  unfair "  firm.^  Union  members 
are  thus  prohibited  from  working  for  one  subcontractor  if 
any  other  on  the  same  building  employs  non-unionists  of 
the  same  trade.  The  United  Brotherhood  of  Carpenters,^ 
the  Granite  Cutters,*  and  the  Bridge  and  Structural  Iron 
Workers^  also  oppose  the  employment  of  their  members  on 
a  building  if  any  part  of  it  has  been  subcontracted  to  or 
from  an  "unfair"  employer.  The  Bridge  and  Structural 
Iron  Workers,  however,  are  forced  to  allow  their  members 
to  work  for  "  fair "  employers  who  subcontract  from  the 
American  Bridge  Company  and  other  large  "  unfair  "  con- 
cerns which  are  subsidiary  to  or  in  close  alliance  with  the 
United  States  Steel  Corporation.  These  firms  control  so 
much  important  work  throughout  the  country  that  unless 
the  union  made  some  concession  its  members  would  be 
deprived  of  much  employment. 

The  extended  closed  shop  has  also  been  enforced  by  cer- 
tain unions  in  cases  where  a  manufacturer  buys  from 
another  manufacturer  part  of  the  goods  he  sells.  The  two 
establishments,  in  these  cases,  have  been  considered  a  single 
concern.  This  policy  is  almost  entirely  confined  to  unions 
in  which  the  label  is  important.  None  of  these  unions,  as 
for  example  the  Cigar  Makers,  the  United  Garment  Work- 

*The  Bricklayer  and  Mason,  July,  1903,  p.  4. 
^  Twenty-sixth    Annual   Report    of    the    President  and    Secretary, 
1891,  p.  Ixxiv;  Thirty-seventh  Annual  Report,  1902,  p.  69. 
'The  Carpenter,  March,  1908,  p.  20. 

*  The  Granite  Cutters'  Journal,  June,  1906,  p.  5. 

*  The  Bridgeman's  Magazine,  April,  1903,  p.  4. 


513]  The  Extended  Closed  Shop.  83 

ers,  and  the  Upholsterers,  allow  an  employer  the  use  of  the 
label  if  he  buys  the  output  of  a  non-union  factory  or  shop. 

Occasionally  a  strong  union,  even  though  it  does  not  have 
a  label,  will  object  if  a  union  employer  subcontracts  to  non- 
union shops.  A  case  of  this  kind  occurred  in  the  Glass 
Bottle  Blowers  in  1903.  At  that  time  the  Cumberland  Glass 
Manufacturing  Company,  a  union  plant,  sublet  part  of  its 
work  to  non-union  factories.  Its  action  was  immediately 
considered  by  the  executive  board  of  the  Blowers.  Presi- 
dent Hayes  declared  that  the  company  could  not  be  "  too 
severely  censured,"  and  other  members  of  the  executive 
board  favored  the  calling  of  a  strike  and  the  adoption  of 
other  "  radical  measures."  A  majority  of  the  board,  how- 
ever, thought  it  best  not  to  force  the  issue,^  but  soon  after- 
wards the  conference  committee  of  the  union  informed  the 
representatives  of  the  Green  Glass  Bottle  and  Vial  Manu- 
facturers that  the  time  was  coming  when  union  men  would 
not  work  in  a  factory  which  purchased  the  product  of  non- 
unionists.^ 

The  unions  have  extended  the  closed  shop  in  another  way. 
Many  unions  require  an  employer  who  hires  union  men  in 
one  shop  to  hire  unionists  in  other  shops  in  the  sam.e  trade 
of  which  he  is  the  proprietor.  Thus  an  employer's  entire 
business,  in  so  far  as  it  falls  within  the  jurisdiction  of  a 
union,  is  regarded  as  a  "  shop."  Probably  the  first  union 
in  which  a  rule  of  this  kind  was  adopted  was  the  National 
Trade  Association  of  Hat  Finishers  of  the  United  States  of 
America.  As  early  as  1863  it  declared  that  it  was  not 
"right  for  a  fair  journeyman  to  work  for  a  boss  having  a 
fair  and  a  foul  shop  in  the  same  town  or  district."^  The 
Cigar  Makers  at  the  first  convention  of  their  national  union 
in  1864  required  that  the  practice  be  discontinued  "  of  any 

^  Glass  Bottle  Blowers,  Proceedings  of  the  Twenty-seventh  Annual 
Session,  1903,  pp.  39-40. 

^  Manufacturers'  Report  of  the  Proceedings  of  the  Joint  Wage 
Committee,  Representing  the  Green  Glass  Bottle  and  Vial  Manufac- 
turers and  the  Members  of  the  Glass  Bottle  Blowers'  Association, 
1903,  pp.   12-13. 

^  Constitution,    1863,    Standing    Resolutions,    5th. 


84         The  Closed  Shop  in  American  Trade  Unions.      [514 

union  allowing  any  of  its  members  to  work  in  a  shop  or 
manufactory  that  employs  no  union  men  working  for  them 
out  of  the  shop  or  manufactory."^  By  itself  the  rule  is  not 
very  clear,  but  the  context  reveals  that  the  intent  of  the  rule 
was  to  forbid  union  employers  to  hire  non-unionists  to  make 
cigars  outside  of  their  shops. 

At  the  present  time  the  Hatters  and  the  Cigar  Makers, 
as  well  as  most  of  the  other  label  unions,  require  that  if  an 
employer  runs  two  or  more  shops,  all  of  them  must  be  union- 
ized before  the  employer  is  allowed  the  use  of  the  label.* 
If  the  employer  in  these  trades  does  not  desire  the  use  of 
the  label,  the  unions  rarely  attempt  to  enforce  the  closed 
shop  in  all  his  establishments  by  a  threat  to  strike  in  one. 
The  Printing  Pressmen,  for  instance,  in  1905  allowed  the 
Brooklyn  Eagle  to  run  its  newspaper  office  as  an  open  shop, 
while  the  book  and  job  office  was  a  closed  shop.^  The  same 
policy  is  pursued  by  the  Printers  and  the  Stereotypers. 

The  policy  of  the  building  trades  unions  toward  an  em- 
ployer or  contractor  who  condu^s  two  or  more  shops  or 
jobs  at  the  same  time  is  illustrated  by  the  following  typical 
provision  in  the  constitution  of  the  Plasterers :  "  No  mem- 
ber of  any  local  shall  be  allowed  to  work  for  an  employer 
or  builder  who  is  employing  non-union  men  in  another  city 
where  a  sub-association  exists."*  It  is  so  well  understood 
as  not  to  need  statement  that  no  member  is  to  work  for  an 
employer  who  hires  non-union  men  on  any  job  in  the  same 
city.  Frequent  strikes  have  been  called  by  the  Bricklayers 
and  Masons,  the  United  Brotherhood  of  Carpenters,  the 
Painters,  the  Plumbers,  the  Steam  Fitters,  the  Sheet  Metal 
Workers,  and  the  Bridge  and  Structural  Iron  Workers  to 
enforce  similar  rules.  Whether  the  employer  be  an  indi- 
vidual, a  firm,  or  a  corporation  makes  little  if  any  difference 
in  the  attitude  of  the  building  trades  unions.  Thus  in  1893, 
when  the  Painters  found  that  a  contracting  firm  of  two 

^Journeymen    Cigar    Makers'   Union   of   the    United    States,   MS. 
Proceedings  of  the  National  Convention,  1864,  p.  6. 
'  Spedden,  pp.  59-60. 

*  The  American  Pressman,  March,  1905,  p.  117. 
■*  Constitution,  1906,  Art.  IX,  Sec.  7. 


515]  The  Extended  Closed  Shop.  85 

partners  ran  one  of  their  shops  as  a  union  establishment 
under  one  partner  and  another  shop  as  non-union  under  the 
second  partner,  the  national  executive  board  declared  that 
it  was  improper  for  union  men  to  work  under  such  condi- 
tions, and  the  local  union  was  directed  to  go  on  strike  until 
both  shops  were  unionized.^  Several  unions  have  also  struck 
against  corporations,  as  for  instance  against  the  Fuller  Con- 
struction Company,  because  they  have  not  put  unionists  at 
work  on  all  their  jobs. 

It  is  not  always  easy  to  secure  cooperation  among  differ- 
ent local  unions  in  the  enforcement  of  the  extended  closed 
shop.  The  local  union  whose  members  a  firm  is  hiring 
is  not  easily  persuaded  to  strike  simply  for  the  benefit  of 
some  other  local  union. ^  Where  the  establishments  of  the 
employer  are  within  the  jurisdiction  of  a  single  union,  the 
union  is  more  likely  to  make  an  effort  to  extend  the  closed 
shop  over  all  the  establishments. 

Only  two  of  the  unions  in  the  metal  trades  have  ever 
seriously  considered  the  desirability  of  refusing  to  allow  an 
employer  to  operate  one  or  more  of  his  plants  as  non-union 
while  the  remainder  are  run  as  union.  One  of  these  organi- 
zations is  the  Holders.  In  1895  it  was  learned  by  the  Hold- 
ers that  a  corporation  which  was  running  a  union  foundry 
in  the  East  had  also  a  non-union  foundry  in  the  West,^ 
but  not  until  1899  were  the  national  officers  instructed  by 
the  convention  to  bring  pressure  to  bear  upon  the  former 
shop  in  order  to  unionize  the  latter.  In  the  Amalgamated 
Association  of  Iron,  Steel  and  Tin  Workers  the  question 
has  been  more  serious.  In  1900  the  Republic  Iron  and  Steel 
Company  and  the  American  Steel  Hoop  Company  refused 
to  sign  agreements  covering  their  non-union  mills.  The 
president  suggested  at  the  time  that  strikes  should  be  called 
against  any  corporation  which  refused  to  sign  the  scale  for 
all  of  its  plants.*     The  following  year  the  Association  de- 

'  Painters'   Journal,  July,    1893,  p.   5. 

'  Amalgamated  Sheet  Metal  Workers'  Journal,  August,  1907,  p. 
316. 

*  Proceedings   of  the   Twentieth    Session,    1895,   p.   74. 

*  Proceedings  of  the  Twenty-fifth  Annual  Session,  1900,  p.  5764. 


86         The  Closed  Shop  in  American  Trade  Unions.      [516 

manded  that  the  companies  should  "  sign  the  scale  for  all, 
or  none."  The  American  Steel  Hoop  Company,  the  Amer- 
ican Sheet  Steel  Company,  and  the  American  Tin  Plate 
Company  refused  to  sign  agreements  for  any  of  their  mills 
except  those  already  acknowledged  to  be  union.  All  of 
these  concerns  were  connected  with  the  United  States  Steel 
Corporation.  Feeling  that  its  prestige  depended  upon  the 
inclusion  of  all  the  mills  in  the  agreements,  the  Association 
in  July,  1901,  called  a  strike  against  all  of  the  above  com- 
panies. The  fight  was  bitterly  contested  for  two  months 
and  the  Association  was  defeated.^  Since  then  the  Associa- 
tion has  not  been  strong  enough  to  renew  its  demands.^ 

The  Flint  Glass  Workers  have  used  similar  tactics.  When 
the  National  Glass  Company  was  formed,  the  Flints  asked 
that  the  seven  non-union  factories  which  had  been  taken 
over  by  the  company  should  be  unionized.^  To  this  de- 
mand the  directors  of  the  company  acceded.  Later  on,  in 
1904,  when  an  attempt  was  made  by  the  company  to  open 
two  non-union  factories,  a  strike  was  promptly  called  in 
all  of  its  union  plants.* 

The  Musicians  have  carried  the  principle  of  exclusion  as 
expressed  in  the  extended  closed  shop  farther  than  any 
other  union.  Practically  ever  since  the  organization  of  the 
National  League  of  Musicians  in  1886  union  bands  have 
not  been  allowed  to  participate  "  in  any  procession,  tourna- 
ment or  public  entertainment "  in  which  bands  composed  of 
enlisted  men  of  the  United  States  Army  or  Navy  take  part, 
unless  the  occasion  is  one  in  which  the  official  duties  of  the 
government  band  require  its  participation.^  The  American 
Federation  of  Musicians  in  1903  provided  for  the  imposition 
of  a  fine  of  fifty  dollars  on  members  who  violated  this  rule 

*  See  the  Amalgamated  Journal,  July  18,  igoi,  to  September  19, 
1901. 

'The  Amalgamated  Association  struck  against  the  American  Sheet 
and  Tin-plate  Company  in  1909,  but  in  this  case  the  strike  was 
simply   to   retain   the   closed    shop   in   mills   then   unionized. 

^  Report  of  the  Industrial  Commission,  Vol.  VII,   1900,  p.   167. 

*  Coopers'  International  Journal,  March,  1904,  p.  138. 

"  National  League  of  Musicians,  Proceedings  of  the  Convention, 
1892,  pp.  50-51. 


SI/]  The  Extended  Closed  Shop.  87 

and  for  expulsion  if  the  fine  was  not  paid  within  sixty  days. 
If  a  local  union  failed  to  enforce  the  rule,  its  charter  was  to 
be  revoked.^  Since  the  adoption  of  these  regulations  union 
bands  have  performed  with  bands  composed  of  enlisted  men 
only  when  the  latter  are  escorting  an  officer,  a  foreign  guest, 
or  a  military  command  of  the  United  States. 

The  Musicians  also  forbid  union  bands  and  orchestras  to 
perform  at  a  "  parade,  festival  or  conclave  "  with  bands  and 
orchestras  composed  of  non-union  professional  musicians.^ 
An  exception  to  this  rule  is  made  in  the  case  of  a  non-union 
band  which  comes  from  a  city  where  there  is  no  local  union 
of  musicians.  The  rule  applies  to  bands  and  orchestras  of 
every  kind,  including  militia  bands,  lodge  bands  and  orches- 
tras, and  even  bands  composed  of  members  of  other  labor 
unions.  The  rule  applies  to  a  reunion  or  conclave  in  its 
entirety.  Thus,  if  an  army  or  navy  band  is  to  play  at  a 
banquet  and  union  bands  are  to  play  at  a  parade,  "both 
parade  and  banquet  being  part  of  the  same  festivity,"  the 
union  bands  "  could  not  accept  such  services. "^  In  some 
cases,  however,  where  the  refusal  of  union  bands  to  per- 
form with  non-union  organizations  would  have  disarranged 
the  program  of  an  occasion  of  national  importance,  the  ex- 
ecutive board  or  the  president  of  the  Federation  has  sus- 
pended the  rule.*  Frequently,  too,  in  the  case  of  local  func- 
tions local  unions  allow  Federation  bands  to  play  with  bands 
composed  of  non-unionists  when  a  refusal  to  do  so  would 
be  likely  to  provoke  public  criticism. 

In  1908  the  Federation  provided  that  all  union  bands 
which  contracted  to  furnish  music  at  summer  or  winter 
places  of  amusement  should  incorporate  in  their  contracts 
a  provision  that  none  but  union  bands  should  be  employed 
there  during  the  season.     Bands  were  to  observe  this  rule 

*  Proceedings  of  the  Eighth  Annual  Convention,  1903,  p.  107.  As 
army  and  navy  bands  are  paid  by  the  Government,  they  can  accept 
engagements  for  less  than  other  bands.  Hence  opposition  to  them 
is  greater  than  in  the  case  of  an  ordinary  non-union  band. 

'The  International  Musician,  May,  1904,  p.  i. 
» Ibid. 

*  Proceedings  of  the  Thirteenth  Annual  Convention,  1908,  p.  43. 


88         The  Closed  Shop  in  American  Trade  Unions.      [518 

whether  they  took  contracts  in  the  jurisdiction  of  the  local 
union  to  which  their  members  belonged  or  in  the  jurisdiction 
of  some  other  local  union.  President  Weber  of  the  Musi- 
cians has  expressed  doubt  as  to  the  practicability  of  the 
regulation,  but  has  indicated  his  belief  that  the  principle 
involved  is  a  proper  one.^ 

On  at  least  one  occasion  an  organization  of  marine 
oflficers,  although  professing  not  to  be  a  labor  union,  has 
adopted  the  policy  of  the  extended  closed  shop.  In  1904 
members  of  District  No.  2  of  the  American  Association  of 
Masters  and  Pilots  of  Steam  Vessels  refused  to  serve  on 
any  vessel  in  the  fleet  of  the  Pittsburgh  Steamship  Company 
until  a  non-union  captain  had  been  discharged  and  a  unionist 
hired  in  his  place.^  The  strike  affected  nearly  one  hun- 
dred vessels  on  the  Great  Lakes. 

The  Longshoremen  collect  a  fine  from  an  employer  before 
they  allow  their  members  to  load  or  unload  a  vessel  that  has 
been  unloaded  or  loaded  by  non-unionists.  This  rule  was 
adopted  by  the  union  in  1893,'  one  year  after  its  organiza- 
tion, and  is  still  retained.  In  case  an  employer  refuses  to 
pay  the  fine  levied  against  the  vessel  and  continues  to  employ 
non-unionists  to  do  loading  and  unloading,  provision  is  made 
for  doubling  the  penalty.*  The  amount  of  the  original  fine 
is  based  in  general  upon  the  difference  between  union  and 
non-union  wages.^     This  rule  has  not  however  been  rigidly 

^  In  a  recent  decision  President  Weber  has  forbidden  travelling 
bands  to  accept  engagements  at  any  Chicago  summer  resort  or  at 
Riverview  Park,  Baltimore,  except  in  accordance  with  the  terms  of 
the  1908  resolution. 

'Statement  by  the  Lake  Carriers'  Association  to  the  Cleveland 
Civic  Federation,  May  31,  1904,  p.  8. 

*  Commons,  "  Types  of  American  Labor  Unions :  The  Longshore- 
men of  the  Great  Lakes,"  in  Quarterly  Journal  of  Economics, 
November,  1905,  p.  70. 

*  Constitution,  1908,  Art.  XVI,  Sec.  I. 

*  "  Whenever  any  vessel  or  barge  loads  or  unloads  with  non- 
union men,  then  it  shall  be  the  duty  of  the  local  where  such  loading 
or  unloading  was  done  to  notify  the  General  Secretary-Treasurer  to 
enforce  an  extra  charge  of  ten  cents  per  hour  for  loading  lumber 
and  ten  cents  per  thousand  for  unloading  lumber;  two  cents  per 
ton  for  unloading  iron  ore  and  coal ;  twenty-five  cents  per  thousand 
bushels   for   elevating  or   trimming  grain ;    two   cents   per   ton    for 


cip]  The  Extended  Closed  Shop.  89 

enforced.  Many  vessels  have  been  loaded  and  unloaded  by 
non-union  men  and  no  penalty  has  been  imposed  upon  them 
because  the  local  unions  in  the  ports  where  such  vessels  call 
are  poorly  organized.  The  Longshoremen,  like  all  labor 
unions,  do  not  attempt  to  discipline  an  employer  if  they 
realize  that  they  are  unable  to  carry  the  afifair  to  a  successful 
issue.  Since  the  union  was  locked  out  by  the  Lake  Carriers' 
Association  in  1909  no  fines  have  been  collected  from  grain 
and  ore  vessels.  The  Lumber  Carriers'  Association  still 
signs  contracts  with  lumber-loading  unions  in  ports  of  the 
Great  Lakes.  In  these  agreements  it  is  provided  that  a  fine, 
usually  five  cents  per  thousand  feet  of  cargo,  shall  be  levied 
upon  all  vessels  which  load  with  non-union  men  when  union- 
ists are  available.^  As  a  matter  of  fact,  a  majority  of  the 
fines  imposed  have  always  been  on  boats  in  the  lumber  trade. 
Outside  of  one  or  two  instances  on  the  Pacific  Coast  no 
attempt  has  been  made  by  the  Longshoremen  to  fine  ocean- 
going or  coasting  vessels  for  employing  non-union  men  to 
load  or  unload  cargoes. 

The  union  has  also  insisted  that  on  the  Great  Lakes  car- 
goes shall  be  loaded  in  their  entirety  by  its  members.  Cap- 
tains of  vessels  frequently  hired  longshoremen  to  place  a 
cargo  of  iron  ore  on  board  their  boat  and  then  had  the  deck 
hands  "  trim  "  the  cargo  in  the  hold.  To  prevent  this  prac- 
tice, the  Longshoremen  in  1902  provided  that  when  ore 
vessels  left  their  loading  ports  untrimmed  by  union  members, 
they  should  pay  a  fine  of  three  and  one  half  cents  per  ton  of 
cargo  before  being  unloaded  by  union  members.-  In  1904 
the  Longshoremen  proposed  an  agreement  with  the  Lumber 
Carriers'  Association  wherein  it  was  provided  that  an 
increased  rate  of  ten  cents  per  hour  was  to  be  paid  union 

trimming  ore  and  coal  and  for  boats  which  do  not  trim,  two  cents 
per  ton  extra  for  unloading,  provided  further  that  boats  loading 
or  unloading  lumber  shall  be  punished  by  enforcing  grain,  coal  or 
ore  rates  and  those  loading  ore,  coal  or  grain  shall  be  punished  by 
enforcing  lumber  rates"  (Constitution,  1909.  Art.  XVI,  Sec.  i). 

*  Lumber  Carriers'  Association  of  the  Great  Lakes,  Membership 
List  and  Agreements,  1910,  pp.  48,  51,  53. 

*  Proceedings  of  the  Eleventh  Annual  Convention,  1902,  p.  151. 


90         The  Closed  Shop  in  American  Trade  Unions.     [520 

loaders  to  handle  lumber  which  had  been  piled  by  non- 
unionists  in  yards  within  the  jurisdiction  of  any  local  union.^ 
This  provision  the  Lumber  Carriers  would  not  accept. 

The  policy  of  the  Longshoremen  in  fining  boats  which 
have  been  loaded  by  non-union  labor  is  evidently  a  modifica- 
tion of  the  principle  of  the  closed  shop.  The  end  in  view  is 
the  unionizing  of  all  longshore  work  done  for  any  one  vessel. 
The  union  does  not  refuse  to  unload  vessels  loaded  by  non- 
unionists,  since  this  would  be  impracticable.  By  enforcing 
the  payment  of  fines  the  Longshoremen  aim  to  make  it  un- 
profitable for  a  vessel  to  hire  non-union  men. 

Even  in  many  unions  in  which  the  extended  closed  shop 
is  not  ordinarily  enforced  it  is  frequently  invoked  as  a 
war  measure.  If  an  employer  is  "  scabbed "  or  becomes 
"  unfair  "  or  has  a  strike  called  against  him  in  one  shop,  it 
is  the  policy  of  many  unions  to  strike  all  of  his  shops.  Thus 
the  Plasterers  provide  that  no  member  of  the  union  shall 
be  allowed  "  to  work  for  any  firm  or  corporation  after  the 
Executive  Board  has  decided  said  firm  or  corporation 
unfair."  ^  The  general  executive  board  of  the  Plumbers  has 
power  to  suspend  any  local  union  which  allows  its  members 
to  work  for  an  employer  who  has  been  declared  "  unfair  " 
in  another  local.'  The  Molders  forbid  their  members  to 
work  on  patterns  brought  from  a  struck  shop*  or  to  work 
for  an  employer  who  takes  a  contract  from  another  employer 
whose  shop  has  been  struck.^  The  Pattern  Makers,^  the 
Saw  Smiths,'^  and  many  other  unions  refuse  to  work  on  jobs 
that  come  from  shops  where  strikes  are  in  progress. 

The  Musicians  have  a  rule  that  when  a  theatre  is  placed 
upon  the  "  unfair  "  list  of  the  union,  all  other  theatres  under 

*  Proceedings  of  the  Thirteenth  Annual  Convention,  1904,  p.  227. 

'  Constitution,    1908,   Art.   IX,   Sec.   7. 

^  Constitution,  1904,  Sec.  222. 

*Iron  Molders'  Journal,  July,  1885,  p.  14;  May,  1891,  p.  7. 

'Constitution,  1888,  Art.  XIII,  Sec.  7.  When  the  proprietor  of  a 
struck  shop  sends  out  work  to  be  done  by  another  establishment, 
the  latter  is  virtually  working  on  a  subcontract. 

•Laws  for  Government,  1900,  Sec.  40,  Clause  4. 

7  Constitution,   1902,   Art.   XIV,   Sec.   3. 


52 1 J  The  Extended  Closed  Shop.  91 

the  same  management,  wherever  located,  shall  be  declared 
"  unfair  "  by  the  executive  board.^  In  practice  the  executive 
board  is  slow  in  taking  such  action  against  the  management 
of  an  "unfair"  theatre.  In  all  unions,  when  an  employer 
is  on  the  "  unfair  "  list  of  the  national  organization,  members 
of  all  local  unions  are  forbidden  to  work  for  him.^  An 
employer  who  is  declared  "  unfair"  by  a  local  union,  how- 
ever, does  not  thereby  necessarily  become  "unfair"  to  all 
locals.  In  the  Granite  Cutters,  since  1897  the  national 
executive  council  has  had  power  to  decide  whether  work 
shall  cease  in  all  the  yards  of  an  employer  pending  settle- 
ment of  a  strike  in  any  one  yard.^ 

The  unions  in  the  building  trades  sometimes  refuse  to 
complete  jobs  that  have  been  begun  by  non-unionists.  Thus 
the  executive  board  of  the  Bridge  and  Structural  Iron 
Workers  has  decided  that  union  members  must  not  rivet 
material  raised  by  "  scabs  "  or  place  corrugated  sheeting  on 
structures  erected  by  "  unfair "  firms.*  Union  bridgemen 
are  not  allowed  to  rivet  material  that  has  been  put  in  place 
by  "scabs,"  but  they  may  make  repairs  on  "unfairly"  built 
structures.  In  the  "  working  rules  "  for  1903-1905,  agreed 
to  by  the  Contracting  Sewer  Builders'  Association  of  Cook 
County,  Illinois,  and  by  Local  Union  No.  21  of  the  Brick- 
layers and  Masons,  it  was  provided  that  union  bricklayers 
were  not  to  build  "  inverts,  man-holes  or  catch  basins  "  on  a 
sewer  which  had  been  constructed  by  non-union  labor.' 

In  at  least  one  case  a  local  union  of  the  Painters  forbade 
its  members  to  paint  walls  that  had  formerly  been  painted 

'  Constitution,  1910,  Standing  Resolutions,  No.  21. 

*  Thus,  see  Longshoremen,  Report  of  Executive  Council.  1903,  p. 
16.  In  1904  the  United  Mine  Workers  defeated  a  resolution  which 
provided  that  wage  scales  should  not  be  signed  with  mine  operators 
who  were  "unfair"  in  one  State  or  district  (Proceedings  of  the 
Fifteenth  Annual  Convention,  1904,  p.  136). 

» Constitution,  1897,  Sec.   190. 

*The  Bridgeman's  Magazine,  July,  1907,  p.  429. 

"Joint  Arbitration  Agreement  between  the  Sewer  Contractors' 
Association  and  the  United  Order  of  American  Bricklayers  and 
Stone  Masons'  Union,  No.  21  of  the  Bricklayers  and  Masons'  Inter- 
national Union,  April  i,  1903,  to  May  i,  1905,  p.  62,  Sec.  8. 


92         The  Closed  Shop  in  American  Trade  Unions.      [522 

by  non-unionists,^  While  the  national  union  of  the  Painters 
and  of  other  building  trades  unions  do  all  in  their  power 
to  assist  in  making  jobs  union  "  from  beginning  to  end,"  they 
do  not  approve  of  this  policy,  since  its  adoption  would 
deprive  union  members  of  employment.  In  very  few  cases 
can  a  property  owner  or  a  contractor  be  forced  to  tear  a 
building  down  and  rebuild  it  in  order  to  be  in  a  position  to 
hire  union  painters.^  Consequently  most  of  the  unions  in 
the  building  trades  consider  that  it  is  usually  the  wisest 
policy  to  finish  an  "  unfair "  building.  Here  again,  expe- 
diency is  the  key-note  of  union  policy.* 

The  application  of  the  closed-shop  rule  has  been  extended 
in  still  another  direction  by  the  refusal  of  certain  unions  to 
handle  non-union  material.  The  unions  which  are  chiefly 
concerned  with  non-union  material  are  those  which  have 
jurisdiction  over  establishments  in  which  material  is  manu- 
factured as  well  as  over  the  shops  in  which  this  material 
is  put  into  place  or  finished.  The  Amalgamated  Carpenters, 
the  United  Brotherhood  of  Carpenters,  and  the  Sheet  Metal 
Workers,  for  example,  include  "  inside  men  "  or  shop  work- 
ers and  "  outside  men  "  or  structural  building  workers  within 
their  jurisdictions.  The  Sheet  Metal  Workers  have  advised 
their  local  unions  to  adopt  by-laws  forbidding  the  erection 
by  union  members  of  non-union  metal  work.*  The  locals 
have  frequently  refused  to  erect  non-union-made  pipe  elbows, 
skylights,  metal  ceilings,  and  so  on."     The  Amalgamated 

'  Painters'  Journal,  November,  1892,  p.  4. 

'  After  a  strike  at  Cleveland  in  1905  the  Sheet  Metal  Workers 
actually  compelled  property  owners  to  tear  out  metal  work  put  up  by 
"  scabs "  and  strike-breakers  (Amalgamated  Sheet  Metal  Workers' 
Journal,   November,   1905,  p.  423). 

•  At  the  convention  of  the  State  Building  Trades  Council  of 
California  in  1909  General-Counsel  Cleveland  L.  Dam  recommended 
when  employers  "  deliberately  embrace  the  open  shop,  then  the 
closed  shop,  then  the  open  shop  again,  upon  their  seeking  thereafter 
to  be  considered  '  fair,'  that  they  be  denied  business  intercourse 
with  our  organizations.  Employers  who  have  deliberately,  wilfully 
and  knowingly  become  '  unfair '  should  be  given  to  understand  that 
union  labor  will  not  do  business  with  them"  (Proceedings  of  the 
Eighth  Annual  Convention,  1909,  p.  69). 

« Amalgamated  Sheet  Metal  Workers'  Journal,  August,  1904,  p. 
249. 

'  Ibid.,  March,  1903,  p.  71 ;  October,  1906,  p.  383. 


523]  The  Extended  Closed  Shop.  93 

Carpenters  impose  a  maximum  fine  of  fourteen  dollars  on  a 
member  for  "  fixing,  finishing  or  using  work  which  has  been 
made  under  unfair  conditions,  either  in  the  United  Kingdom 
or  abroad,  or  contrary  to  the  recognized  rules  of  the  district 
in  which  it  has  been  prepared."  ^  In  the  United  States  this 
rule  has  not  been  strictly  enforced. 

The  United  Brotherhood  of  Carpenters  has  been  more 
active  against  non-union  material  than  either  the  Sheet 
Metal  Workers  or  the  Amalgamated  Carpenters.  In  the 
early  years  of  its  history  there  was  much  agitation  against 
the  use  of  "  trim "  and  other  mill-work  manufactured  in 
towns  and  cities  where  the  rates  of  wages  were  low.*  Since 
1887  there  has  been  increasing  agitation  against  the  use  of 
all  non-union  mill-work.  In  the  year  mentioned  the  New 
York  City  Carpenters  were  urged  not  to  "  touch  a  piece  "  of 
the  product  of  a  Poughkeepsie  mill  owner  who  had  persisted 
in  running  a  non-union  shop.^  By  1897  the  situation  in 
New  York  had  become  critical.  Mill  owners  in  that  city 
who  ran  union  shops  were  required  to  pay  such  compara- 
tively high  wages  that  they  could  not  successfully  compete 
with  non-union  mills  outside  the  city.  Consequently,  in 
order  to  save  the  New  York  mills  to  the  union,  the  local 
unions  of  the  Carpenters  decided  not  to  put  up  any  non- 
union "  trim  "  or  to  work  on  a  job  where  it  was  used.*  Many 
strikes  were  called.  The  movement  against  outside  non- 
union trim  finally  assumed  such  importance  that  the  execu- 
tive board  of  the  International  union  gave  financial  assist- 
ance to  the  New  York  district  council.^  As  a  result  of  this 
movement  the  Carpenters  claim  that  many  mills  in  the  small 
towns  about   New  York  were  unionized.' 

In  many  other  localities  similar  measures  have  been  taken 
by   local   unions   and   district  councils   of   the   Carpenters. 

'Rules  in  Operation  January  i,  1905,  Rule  48,  Sec.  I.    American 
Edition. 
'The  Carpenter,   August,   1881,  p.  2. 
*Ibid.,  March,  1887,  p.  i. 
*Ibid.,   May,    1897,   p.    I. 
■  Ibid.,  August,  1897,  p.  9. 
« Proceedings  of  the  Tenth  General  Convention,   1898,  p.  32. 


94         The  Closed  Shop  in  American  Trade  Unions.      [524 

More  and  more  the  officers  of  the  union  have  come  to  believe 
"  that  the  carpenter,  in  order  to  hold  what  rightfully  belongs 
to  him,  must  control  the  manufacture  of  the  material  "  v^^hich 
he  erects.^  In  1904  the  constitution  of  the  national  union 
was  amended  so  as  to  provide  that  local  organizations  must 
promote  the  use  of  "trim  and  shop-made  carpenter  work" 
with  the  union  label. ^  The  chief  value  of  the  label  to  the 
Carpenters  at  the  present  time  is  that  it  affords  a  convenient 
and  sure  method  for  union  carpenters  at  work  on  a  building 
to  determine  whether  "  fair  "  material  is  being  used. 

In  the  stone-cutting  trades  it  often  happens  that  granite, 
marble,  or  soft  stone  is  cut  in  the  rough  in  a  yard  near  the 
quarry,  and  then  sold  to  the  owners  of  other  yards  or  shops 
where  it  is  trimmed  and  finished.  The  Granite  Cutters,  as  a 
rule,  refuse  to  cut  or  trim  work  which  has  been  purchased 
by  an  employer  from  the  stock  of  an  "  unfair "  or  non- 
union firm.  In  their  agreements  it  is  frequently  provided 
that  no  union  member  "  shall  be  required  to  cut  work  taken 
from  non-union  firms  nor  to  cut  any  part  of  a  job  if  on 
another  part  of  the  same  job  (wherever  it  may  be  cut)  non- 
union cutters  are  employed."^  Similarly  the  Marble  Work- 
ers will  not  set  marble  that  has  been  cut  by  non-union  men 
unless  it  comes  from  a  place  where  there  is  no  cutters'  local. 
Marble  that  has  been  cut  or  rubbed  by  prison  labor  is  uncon- 
ditionally excluded.*  The  Granite  Cutters  also  object  to 
cutting  granite  in  the  rough  which  is  to  be  shipped  to  non- 
union yards  for  completion.^  At  present,  practical  diffi- 
culties prevent  much  discrimination  of  this  kind,  since 
employers  have  adopted  the  plan  of  giving  a  number  instead 
of  a  name  to  each  job.     In  this  way  the  name  of  the  con- 

^Proceedings  of  the  Thirteenth  General  Convention,  1904,  p.  38. 
•i  *The  Carpenter,  November,  1904,  p.  4. 

*  Agreement  governing  Granite  Cutting  in  Providence,  R.  I.,  1905- 
1906,  Clause  16.  The  trade  is  so  well  organized  now  that  few 
cases  of  discrimination  against  non-union-cut  granite  have  occurred 
during  the  past  five  years. 

*  Union  marble  setters  in  San  Francisco  in  1908  refused  to  set 
marble  unless  it  bore  the  union  label. 

'The  Granite  Cutters'  Journal,  December,  1905,  p.  7;  October, 
1906,  p.  5. 


525]  The  Extended  Closed  Shop.  95 

signee  is  kept  secret,  and  the  union,  accordingly,  never 
knows  on  whose  job  its  members  are  working. 

In  the  steel  industry  one  mill  often  makes  billets  and  iron 
bars  which  are  purchased  by  another  mill  for  rolling.  When 
their  organization  was  strongest,  the  Iron,  Steel  and  Tin 
Workers  tried  to  prevent  the  handling  in  union  mills  of  non- 
union bars  and  billets,  but  they  refused  to  "  stigmatize  as 
'  blacksheep '  any  person  or  persons  working  iron  made  by 
'  blacksheep.'"^  In  1888  they  also  rejected  a  resolution  for- 
bidding union  mills  to  furnish  material  to  non-union  plants.^ 
In  one  or  two  cases  the  Teamsters  have  refused  to  unload 
railway  cars  that  had  been  loaded  by  non-union  men  in  other 
cities.^  This  action  was  taken  only  after  the  local  unions 
where  the  loading  had  been  done  had  appealed  to  other  local 
unions  to  strike  against  handling  the  cars.* 

Finally,  the  question  has  been  raised  in  some  of  the  unions 
of  the  building  trades  whether  union  members  should  work 
for  a  "  fair  "  contractor  on  a  building  whose  owner  has  let 
another  job  to  an  "  unfair  "  contractor.  The  national  unions 
in  these  trades  so  far  have  not  sanctioned  the  making  of  all 
jobs  done  for  a  property  owner  an  extended  closed  shop. 
To  call  a  strike  against  the  "  fair  "  contractor  would  result 
only  in  injuring  him,  since  he  has  no  means  of  compelling 
the  property  owner  to  unionize  the  other  jobs.^ 

Several  considerations  have  been  influential  in  extending 
the  closed-shop  rule  in  the  directions  which  have  been  indi- 
cated.    In  the  first  place,  unions  object  to  considering  sub- 

'  Proceedings  of  the  Thirteenth  Annual  Convention,  1888,  p.  2499. 

*  Ibid.,  p.  2494. 

'The  Labor  Compendium,  June,  1905,  p.  5. 

*A  proposition  was  offered  in  1902  at  the  convention  of  the 
Meat  Cutters  and  Butcher  Workmen  that  union  market  cards, 
certifying  an  establishment  to  be  a  union  shop,  should  not  be  placed 
in  markets  where  "  unfair  meats "  were  sold.  "  After  much  dis- 
cussion it  was  stated  by  the  delegates  that  many  packing  houses 
were  open  houses  and  they  deemed  it  unwise  to  adopt  any  such 
resolution."  Accordingly  it  was  defeated  (Proceedings  of  the 
Fourth  General  Convention,  1902,  p.  78).  This  union  has  juris- 
diction both  over  retail  meat  markets  and  over  packing  houses  where 
slaughtering  is  done. 

°  The  Labor  Compendium,  April  3,  1904,  p.  5. 


96         The  Closed  Shop  in  American  Trade  Unions.      [526 

contracts  as  separate  "  shops  "  because  they  fear  that  this 
would  result  in  the  splitting  up  of  the  work  of  the  trade. 
If  the  general  contractor  were  unrestricted  in  the  employ- 
ment of  non-unionists  as  long  as  they  were  under  separate 
subcontractors,  he  could  very  easily  arrange  so  as  to  give 
them  the  work  requiring  less  skill.  At  the  same  time  he 
could  keep  union  men  in  his  direct  employ  to  carry  out  the 
more  difficult  kinds  of  work  for  which  skilled  workmen  are 
required.^  The  same  consideration  operates  to  lead  the 
unions  to  refuse  to  complete  the  erection  of  buildings  on 
which  "  scabs  "  or  non-union  men  have,  been  employed. 

Secondly,  it  is  regarded  as  necessary  for  the  protection  of 
the  union  label  that  all  work  done  for  an  employer  who 
uses  the  label  should  be  done  by  unionists.  The  label  is 
intended  to  indicate  to  consumers  that  the  product  on  which 
it  is  displayed  has  been  made  under  union  conditions.  If 
a  manufacturer  ran  one  of  his  shops  as  a  union  shop  and 
another  as  a  non-union  shop,  there  would  always  be  the 
chance  that  labels  would  be  used  on  the  goods  made  in  the 
non-union  shop.  To  prevent  this  would  require  a  more  effi- 
cient machinery  for  the  administration  of  the  label  than  the 
unions  have  yet  devised.  Moreover,  consumers  would  be 
confused  if  part  of  the  goods  made  by  a  firm  were  union 
and  part  non-union.  In  non-label-using  unions  which  main- 
tain a  "  fair  list "  the  same  difficulties  would  be  encountered. 

Thirdly,  and  more  important  than  either  of  the  foregoing, 
the  extended  closed  shop  serves  as  a  lever  to  increase  the 
strength  of  the  unions.  If  an  employer  wishes  one  of  his 
shops  placed  on  the  "  fair  list"  or  if  he  wishes  to  have  the 
use  of  the  label,  the  union  takes  advantage  of  this  desire 
to  force  the  unionizing  of  all.  Even  where  the  "  fair  list " 
or  the  label  is  not  involved  the  extended  closed  shop  may 
serve  in  the  same  way  to  strengthen  the  hold  of  the  union 
on  the  trade.  An  employer  in  one  place  may  be  practically 
unable  to  run  a  non-union  shop,  while  he  may  prefer  to  run 
another  of  his  shops  in  another  place  as  non-union.     The 

^  The   Carpenter,  March,   1908,  p.  20. 


527]  The  Extended  Closed  Shop.  97 

union  may  by  enforcing  the  extended  closed  shop  compel  the 
unionizing  of  all  his  shops.  Obviously,  a  variety  of  elements 
determine  whether  in  any  particular  case  a  union  can  thus 
strengthen  itself,  since  the  employer  may  prefer  to  run  all 
non-union  shops  rather  than  all  union.  It  is  for  this  reason 
that  the  extended  closed  shop  is  enforced  with  so  little  uni- 
formity. 

Similarly,  the  union  by  refusing  to  finish  work  begun  by 
non-unionists,  to  erect  or  handle  material  made  by  non- 
union men,  or  to  handle  work  which  has  passed  through  or 
which  is  going  into  the  hands  of  non-unionists  may  trans- 
form non-union  shops  into  union.  The  market  for  non- 
union material  may  be  so  restricted  that  its  manufacture 
becomes  unprofitable.  The  building  which  union  men  refuse 
to  complete  may  prove  a  losing  venture  to  the  contractor. 
The  proprietor  of  a  non-union  granite  yard,  finding  that  he 
cannot  purchase  stone  from  union  yards,  may  be  compelled 
to  unionize  his  own  yard. 

The  extended  closed  shop  is  also  in  some  of  its  phases  a 
reflection  of  the  nationalizing  tendency  exhibited  in  every 
department  of  trade-union  policy.  The  idea  that  the  inter- 
ests of  all  local  unions  are  the  same  has  been  much  pro- 
moted by  the  increasing  power  of  the  national  unions.  That 
strong  local  unions  should  aid  weak  ones  is  fundamental  in 
the  most  highly  developed  American  unions.  In  the  building 
trades  unions  and  in  the  Longshoremen^  particularly  the 
extended  closed  shop  has  proved  to  be  perhaps  "  the  strong- 
est weapon  of  mutual  protection  "  among  the  local  unions. 

*  Commons,  J.  R.,  "  Types  of  American  Labor  Unions :  The 
Longshoremen  of  the  Great  Lakes,"  p.  70. 


CHAPTER  V. 
The  Joint  Closed  Shop. 

It  has  been  noted  in  the  chapter  on  the  simple  closed 
shop  that  when  a  national  union  has  jurisdiction  over  two 
or  more  branches  or  trades  organized  into  separate  local 
unions,  it  is  usual  to  require  local  unions  of  one  trade  to 
assist  local  unions  in  the  other  trade  to  establish  the  closed 
shop.  Very  often,  however,  combinations  have  been  formed 
among  national  unions  and  among  local  unions  of  different 
national  unions  for  the  purpose  of  securing  mutual  discrimi- 
nation against  non-union  men.  The  group  of  shops  thus 
covered  in  any  particular  case  may  be  fittingly  called,  in  the 
aggregate,  a  "joint  closed  shop."  The  joint  closed  shop 
is  distinguished  from  the  "  extended  closed  shop "  by  the 
fact  that  the  cooperation  against  the  employment  of  non- 
union men  is  among  national  unions  or  among  the  branches 
of  different  national  unions.  The  joint  closed  shop  has  been 
principally  employed  in  certain  well-defined  groups  of  allied 
trades.  These  will  be  considered  in  the  order  of  their 
importance. 

The  building  trades. — In  strong  trade-union  centers  it  has 
been  increasingly  difficult  in  recent  years  to  get  a  union  man 
of  one  trade  to  work  with  a  non-unionist  of  any  other  trade 
on  structural  building  work.  In  many  cases  discrimination 
against  non-unionists  has  been  extended  even  to  unskilled 
building  laborers.  It  has  been  comparatively  easy  to  secure 
the  cooperation  of  the  unions  in  the  building  trades  in  estab- 
lishing the  joint  closed  shop  because  their  members  ordi- 
narily work  in  intimate  association  with  each  other. 
Although  jurisdictional  disputes  have  hindered  the  develop- 
ment of  amicable  relations,  there  has  been,  on  the  whole,  a 
greater  sense  of  unity  and  a  stronger  spirit  of  fellowship 

98 


529]  The  Joint  Closed  Shop.  99 

among  the  building  trades  unions  than  among  any  other 
group  of  unions. 

Another  factor  in  the  success  of  the  joint  closed  shop  in 
the  building  trades  has  been  that  six  or  seven  unions  of 
approximately  uniform  strength  and  influence  include  the 
great  mass  of  the  workmen.  These  unions  are  the  more 
willing  to  assist  each  other  inasmuch  as  each  of  them  incurs 
practically  the  same  risks  and  secures  practically  equal  bene- 
fits by  joint  action.  The  smaller  unions  have  also  usually 
been  willing  to  assist  to  the  extent  of  their  power  in  any 
joint  movement,  but  the  greatest  factor  in  the  success  of 
the  joint  closed  shop  among  these  unions  has  been  the  pecu- 
liar effectiveness  of  the  sympathetic  strike  in  the  building 
trades.  Since  a  building  must  be  erected  on  a  certain  spot 
and  within  a  fixed  time,  a  strike  even  of  a  single  union  is 
a  serious  matter;  but  if  a  group  of  unions  strike  simulta- 
neously to  redress  the  grievance  of  one,  the  employer  is 
placed  at  an  enormously  increased  disadvantage. 

It  is  impossible  to  ascertain  with  exactness  the  date  at 
which  the  joint  exclusion  of  non-union  men  from  employ- 
ment was  first  undertaken  in  the  building  trades.  We  do 
know,  however,  that  soon  after  1865  there  came  into  exist- 
ence a  number  of  local  "  building  trades  leagues,"  whose 
object,  in  part,  was  to  prevent  the  employment  of  "scabs" 
on  buildings  where  union  men  of  any  trade  were  at  work.'' 
As  was  the  case  among  the  early  trade  societies,  it  will  be 
noted  that  the  first  class  of  non-unionists  discriminated 
against  were  "unfair"  men. 

Building  trades  leagues,  or  "  councils,"  as  they  soon  came 
to  be  called,  increased  in  number  so  that  by  1890  they  had 
been  estabUshed  in  New  York,  St.  Louis,  New  Orleans, 
Augusta,  Georgia,  Richmond,  Virginia,  and  other  cities  of 
importance.  By  each  of  these  councils  "  scabs "  were 
excluded  from  employment  on  work  within  the  jurisdiction 
of  affiliated  unions.  Moreover,  in  some  of  them  after  1882 
it  was  agreed  that  the  "  societies  therein  represented  "  use 

*The  Carpenter,  May,  1881,  p.  2. 


lOO       The  Closed  Shop  in  American  Trade  Unions.      [530 

their  "  united  strength "  to  "  compel  non-unionists  to  con- 
form to  and  obey  the  laws  of  the  society  that  they  shall 
properly  belong  to."^  When  a  "  trade  society "  had  used 
"  every  lawful  means  to  induce  all  non-union  men  to  become 
members  of  their  respective  unions  under  the  same  rate  of 
wages  "  and  had  failed,  the  council  by  vote  of  its  "  walking 
delegates  "  was  authorized  to  "  order  the  withdrawal  of  any 
or  all  trades  or  societies  which  may  be  on  buildings  where 
said  non-union  men  may  be  employed."  During  the  same 
period,  that  is,  from  1882  to  1890,  local  building  trades 
unions  in  cities  where  there  were  no  councils  occasionally 
entered  into  agreements  "  to  call  off  all  workmen  on  jobs 
where  bosses  hire  scab  labor "  or  non-unionists  of  either 
craft.^  Most  of  the  agreements  of  this  character  were  made 
between  local  unions  of  the  Carpenters  and  the  Bricklayers 
and  Masons^  and  between  local  unions  of  the  Carpenters 
and  the  Painters.** 

After  1890  a  large  number  of  new  councils  were  estab- 
lished, all  of  which  attempted  to  enforce  the  joint  closed 
shop.  In  1897,  under  the  leadership  of  the  St.  Louis  council, 
there  was  formed  a  national  organization  known  as  the 
"  National  Building  Trades  Council,"^  which  was  designed 
to  include  all  local  building  trades  councils.  One  of  the  nine 
cardinal  principles  of  the  Council  was  the  enforcement  of 
the  "  working  card  system."  The  Council  issued  a  working 
card  which  could  not  be  obtained  by  a  workman  until  he  had 
procured  a  card  in  his  own  union.  Business  agents  or 
"  walking  delegates  "  were  expected  to  see  that  every  man  on 
a  building  carried  the  "  building  trades  card."  The  Council 
did  all  in  its  power  to  secure  the  establishment  in  all  cities 
of  the  joint  closed  shop.    It  frequently  threatened  to  revoke 

*  Amalgamated  Building  Trades  Council  (New  York),  Constitu- 
tion and  By-Laws,  1885,  Art.  V,  Sec.  i. 

*  Painters'  Journal,  February,    1891,  p.   i. 

*  Bricklayers  and  Masons,  Proceedings  of  the  Twenty-first  An- 
nual Convention,  1887,  p.  50. 

*  Painters'  Journal,  September,  1889,  p.   i. 

*  Since  1904  known  as  the  "  International  Building  Trades 
Council." 


53i]  The  Joint  Closed  Shop.  loi 

the  charter  of  a  local  council  which  refused  to  fine  or  expel 
affiliated  unions  declining  to  strike  against  non-unionists  of 
an  affiliated  trade. ^  It  also  adopted  a  label  to  be  placed  on 
buildings  erected  entirely  by  union  labor. 

The  Council  was  an  association  only  of  local  unions,  and 
conflicts  with  the  national  unions  in  the  building  trades  were 
frequent.  In  1904  a  number  of  national  building  trades 
unions  formed  the  "  Structural  Building  Trades  Alliance."^ 
Subsequently,  in  1908,  this  organization  became  the  "  Build- 
ing Trades  Department"  of  the  American  Federation  of 
Labor.  The  Alliance  established  local  councils  and  retained 
the  "  working  card  system  "  of  the  National  Building  Trades 
Council.  At  the  present  time  the  Building  Trades  Depart- 
ment expects  the  local  councils,  where  practicable,  to 
enforce  the  joint  closed  shop,  but  they  are  not  required  to 
do  so.  It  does  not  encourage  a  joint  strike  against  non- 
unionists  unless  there  is  a  fair  chance  of  success.^ 

In  some  cities  the  building  trades  councils  have  remained 
independent  of  all  national  organizations.  These  councils 
are,  however,  quite  as  much  in  favor  of  the  joint  closed 
shop  as  are  the  local  councils  affiliated  with  the  Building 
Trades  Department.  Moreover,  in  many  small  cities  where 
only  two  or  three  trades  have  been  organized  and  it  is  not 
practicable  to  form  a  council,  the  unions  have  often  con- 
cluded agreements  among  themselves  to  act  together  in 
excluding  union  men.  It  has  happened  that  the  allied  unions 
have  refused  to  work  with  non-unionists  of  a  completely 

*  Proceedings   of  the   Seventh  Annual   Convention,   1904,  p.   66. 

'  For  a  more  extended  account  of  the  history,  structure,  and 
functions  of  the  National  Building  Trades  Council  and  of  the 
Structural  Building  Trades  Alliance,  see  Kirk,  "  National  Labor 
Federations  in  the  United  States,"  in  Johns  Hopkins  University 
Studies  in  Historical  and  Political  Science,  Ser.  XXIV,  Nos.  9-10, 
pp.  79-115- 

'  The  New  York  Building  Trades  Council  (Rules,  1910,  Sec.  37) 
provides  that  "  wherever,  or  whenever,  non-union  men  are  found 
working,  immediate  action  shall  be  taken  by  the  business  agents  to 
enforce  union  conditions  on  all  work;  any  trade  connected  failing  to 
cooperate  when  notified  of  said  conditions  shall  stand  suspended, 
and  can  only  be  reinstated  upon  payment  of  one  hundred  dollars." 
New  York  has  always  been  a  stronghold  of  the  building  trades 
unions. 


102       The  Closed  Shop  in  American  Trade  Unions.      [532 

unorganized  trade.  This  has  frequently  resulted  in  the  for- 
mation of  a  union  in  that  trade. ^ 

Although  the  joint  closed  shop  has  been  enthusiastically- 
supported  by  the  building  trades  unions  afifiliated  with  the 
American  Federation  of  Labor,  the  Bricklayers  and  Masons 
have  refused  to  enter  into  any  alliance  for  this  purpose. 
The  International  union  permits  its  subordinate  unions  to 
join  a  building  trades  council,  but  it  will  not  allow  a  council 
or  any  other  "  foreign  combination  "  to  fine  or  otherwise 
discipline  bricklayers  or  masons.^  Furthermore,  if  a  sub- 
ordinate union  enters  into  a  sympathetic  strike  for  the  pur- 
pose of  assisting  a  union  of  another  craft,  it  cannot  obtain 
strike  benefits  from  the  funds  of  the  International  union,^ 
which  believes  that  its  local  organizations  should  owe  alle- 
giance to  it  alone  and  that  they  should  not  be  embarrassed 
by  entangling  alliances.* 

In  Washington,  D.  C,  in  1907  all  of  the  building  trades 
unions  with  the  exception  of  the  Bricklayers  and  Masons 
went  out  on  strike  to  enforce  the  joint  closed  shop.®  This 
failure  to  join  in  the  strike  proved  serious  to  the  other 
unions.  The  Bricklayers  and  Masons  have  pursued  a  sim- 
ilar policy  in  other  strikes  for  the  joint  closed  shop.  The 
other  unions  in  the  building  trades  resent  the  "  splendid  iso- 
lation "  of  the  Bricklayers,  and  building  trades  councils  have 
on  more  than  one  occasion  struck  against  union  bricklayers 
and  masons  because  they  did  not  carry  "  building  trades 
cards. "^  Pressure  of  this  kind  has  induced  some  subordi- 
nate unions  of  the  Bricklayers  to  join  the  councils  and  to 
make  agreements  for  the  joint  closed  shop  with  local  unions 


*  The  Carpenter,  July,  1903,  p.  i. 

*  Thirty-seventh  Annual  Report  of  President  and  Secretary,  1902, 
P-  157- 

"•Constitution,  igio,  Art.  XVII,  Sec.  11. 

*  The  other  building  trades  unions  assert  that  the  Bricklayers  and 
Masons  have  adopted  this  policy  because  they  are  the  first  to  go  to 
work  on  a  building  and  can  more  completely  "tie  up"  a  job  by 
striking  than  any  other  organization. 

'Bricklayers  and  Masons,  Forty-second  Annual  Report  of  the 
President  and  Secretary,   1907,  p.   128. 

*  Ibid.,  Thirty-sixth  Annual  Report  of  the  President  and  Secretary, 
1901,  p.  276 


533]  ^^^^  Joint  Closed  Shop.  103 

of  the  Carpenters,  Plasterers,  Hod  Carriers,  and  Stone  Cut- 
ters. Both  the  National  Building  Trades  Council  and  the 
Structural  Building  Trades  Alliance  have,  however,  been 
opposed  to  strikes  against  members  of  a  non-affiliated  union. 
They  have  argued  that  by  assisting  such  unions  local  coun- 
cils can  better  induce  them  to  affiliate.  In  spite  of  the  criti- 
cism of  the  other  building  trades,  the  Bricklayers  and  Ma- 
sons show  no  signs  of  any  change  in  their  policy. 

Certain  unions  which  are  not  usually  classed  as  building 
trades  unions  have,  to  some  extent,  been  included  in  the 
joint  closed  shops  of  the  building  trades.  In  the  large  cities, 
Machinists'  local  unions,  which  have  jurisdiction  over  the 
erection  of  engines  and  other  machinery  in  buildings,  are 
usually  allowed  to  have  representatives  in  the  building  trades 
councils.  This  privilege  is  not  very  valuable  if  the  council 
is  organized  as  a  section  of  the  Building  Trades  Depart- 
ment of  the  American  Federation  of  Labor,  since  the  policy 
of  the  Department  is  not  to  allow  strikes  in  aid  of  a  union 
which  is  not  affiliated  with  the  Department  through  its  na- 
tional union.  By  independent  councils,  like  the  Associated 
Building  Trades  of  Chicago,  the  Machinists  are  given  as 
much  assistance  in  settling  their  grievances  as  are  the  Car- 
penters or  Painters,  and  joint  strikes  are  sometimes  called 
against  non-union  machinists.^  The  Teamsters  have  also 
joined  wnth  the  building  trades  unions  in  the  maintenance  of 
a  joint  closed  shop.^  In  a  number  of  cities  agreements  have 
been  made  that  union  teamsters  shall  not  deliver  material 
to  buildings  on  which  non-union  men  are  at  work,  and  also 
that  union  carpenters,  bricklayers,  structural  iron  workers, 
and  so  forth,  shall  not  receive  building  material  hauled  by 
non-union  teamsters.'     In  many  places  neither  the  unions  of 


'  Machinists'  Monthly  Journal.  February,  1908,  p.  141. 

'  In  1901  the  Musicians  and  the  Theatrical  Stage  Employees  sent 
circulars  to  the  building  trades  unions  of  Colorado  asking  them  not 
to  work  in  the  theatres  of  a  certain  manager  because  he  had  refused 
to  recognize  the  two  unions.  No  action  on  the  request  was 
reported  (The  International  Musician,  July,  1901,  p.  s). 

*The  Team  Drivers'  Journal,  October,  1902,  p.  10;  International 
Brotherhood  of  Teamsters,  Proceedings  of  the  Fifth  Convent'ou, 
1907,  p.  285. 


104       ^^^  Closed  Shop  in  American  Trade  Unions.     [534 

the  building  trades  nor  the  Teamsters  wish  to  become  in- 
volved in  each  others'  disputes,  but  the  adoption  of  some 
plan  for  joint  discrimination  against  non-members  seems  to 
be  growing  in  favor.^  Assistance  in  the  maintenance  of  the 
joint  closed  shop  in  the  building  trades  is  afforded  by  the 
Brewery  Workmen.  When  the  owner  of  a  union  brewery 
builds  an  addition  to  his  plant  or  has  repairs  made,  he  is 
required  to  have  such  work  done  by  union  men.  As  the 
Brewery  Workmen  have  substantial  control  of  the  brewing 
industry,  they  are  able  to  enforce  this  rule. 

The  power  of  the  joint  closed  shop  has  been  frequently 
used  to  enforce  the  extended  closed  shop.  The  National 
Building  Trades  Council,  through  its  general  secretary- 
treasurer,  on  more  than  one  occasion  has  expressed  itself 
as  opposed  to  allowing  "  fair  "  employers  to  sublet  work  to 
non-union  firms.  An  agreement  between  a  local  council  and 
employers  allowing  non-union  subcontracting  was  declared 
to  be  "a  peculiar  guarantee,"  permissible  only  in  lockouts 
"as  a  policy  to  keep  the  council  and  unions  intact."^  It 
was  also  one  of  the  aims  of  the  National  Building  Trades 
Council  to  compel  an  employer  to  be  "  fair  "  to  the  affiliated 
unions  in  all  parts  of  the  country.  At  the  time  of  its  organi- 
zation in  1897  many  building  contractors  no  longer  confined 
themselves  to  local  operations  but  undertook  work  in  many 
different  sections.  If  one  council  became  involved  in  a  dis- 
pute with  a  contractor  while  he  was  carrying  on  work  under 
the  jurisdiction  of  another  council,  it  was  the  policy  of  the 
national  organization  where  practicable  to  force  the  contrac- 
tor to  grant  union  conditions  in  the  former  locality  as  the 
price  of  employing  union  men  in  the  latter.' 

It  was  made,  for  example,  a  subject  of  complaint  at  the  conven- 
tion of  the  State  Building  Trades  Council  of  California  in  1909  that 
the  union  carpenters  of  Salinas  City  were  compelled  to  receive 
lumber  and  other  material  "  from  non-card-carrying  drivers  "  (Pro- 
ceedings, 1909,  p.  96). 

2  Report  of  Proceedings  of  the  Seventh  Annual  Convention,  1904, 
p.  70.  See  also  The  Labor  Compendium,  May,  1905,  p.  7,  for  the 
New  York  arbitration  agreement. 

'  The  International  Building  Trades  Council.  Its  Origin,  Object 
and  Benefits,  p.  8. 


535]  ^^^  Joint  Closed  Shop.  105 

The  councils  have  also  frequently  supported  one  of  their 
affiliated  unions  in  its  refusal  to  handle  non-union  material 
the  manufacture  of  which  was  under  its  trade  jurisdiction. 
As  early  as  1887  the  building  trades  league  at  Augusta, 
Georgia,  forbade  affiliated  unions  to  handle  material  made 
or  even  sold  by  a  firm  or  company  which  did  not  "  recognize 
fifty-eight  hours  as  a  week's  work."^  The  leagues  at  this 
time  also  frequently  refused  to  use  convict-made  materials.^ 
At  a  somewhat  later  date  they  assisted  the  Carpenters  in 
boycotting  material  from  planing  mills  and  sash  factories 
where  strikes  were  in  progress.^  When  the  National  Build- 
ing Trades  Council  was  formed,  the  agitation  against  the 
use  of  non-union  material  increased  greatly.  Each  local 
council  was  allowed  to  decide  for  itself  whether  it  would 
handle  non-union  work,  but  the  national  organization  fre- 
quently urged  the  local  councils  to  discriminate  against  such 
material.  As  a  matter  of  fact,  most  of  the  building  mate- 
rial which  was  discriminated  against  was  made  by  "  unfair  " 
firms.  It  was  only  rarely  that  material  was  boycotted  sim- 
ply on  the  ground  that  it  was  made  by  a  non-union  firm.* 

The  Structural  Building  Trades  Alliance  and  its  suc- 
cessor, the  Building  Trades  Department  of  the  American 
Federation  of  Labor,  have  continued  the  policy  of  the  Na- 
tional Building  Trades  Council.  The  councils  have  not 
been  forced  to  assist  affiliated  unions  in  excluding  "  unfair  " 
material.  Indeed,  a  council  will  not  ordinarily  take  any 
action  unless  a  complaint  has  been  made  by  the  union  con- 
cerned. If  the  Carpenters,  for  instance,  wish  to  have  the 
output  of  a  certain  mill  boycotted  by  a  council,  they  must 

iThe  Carpenter,  October,  1887,  p.  5. 

*  The  Painter,  December,  1887,  p.  i. 

'    »  Bricklayers  and  Masons,  Twenty-sixth  Annual  Report  of  Presi- 
dent and  Secretary,  i8gi,  p.  Ixviii. 

*  In  reply  to  a  question  as  to  what  benefit  it  had  derived  from  its 
connection  with  the  National  Building  Trades  Council,  the  Chicago 
Council  answered :  "  The  refusal  of  trades  affiliated  with  the  Build- 
ing Trades  Councils  of  Kansas  City,  Omaha  and  Detroit  to  handle 
marble  manufactured  in  shops  that  were  on  strike  in  this  city " 
(Report  of  Proceedings  of  the  Third  Annual  Convention,  1900, 
p.  15). 


io6       The  Closed  Shop  in  American  Trade  Unions.      [536 

petition  for  assistance.^  Joint  discrimination  against  non- 
union materials  therefore  is  not  nearly  so  widespread  as 
that  against  non-union  men.^  It  is  very  seldom  that  any 
union  in  the  building  trades  refuses  to  work  on  non-union 
material  the  manufacture  of  which  is  within  the  jurisdiction 
of  unions  other  than  those  of  the  building  trades. 

In  spite  of  certain  restrictions  upon  the  calling  of  joint 
strikes,  in  1903  so  many  were  inaugurated  that  the  National 
Building  Trades  Council  was  unable  to  finance  all  of  them.^ 
While  no  statistics  are  available  to  show  how  far  these 
strikes  were  successful,  it  is  noteworthy  that  there  have 
been  few  notorious  failures.  The  unions  have  been  highly 
satisfied  with  the  results,  and  employers  have  admitted  that 
great  gains  have  been  made  for  the  unions  by  such  strikes.* 
In  the  near  future  the  Building  Trades  Department  of  the 
American  Federation  of  Labor  aims  to  "  establish  a  chain 
of  building  trades  councils  throughout  the  land  which  will 
compel  the  respect  of  employers  and  enforce  discipline  among 
workers."* 

^  State  Building  Trades  Council  of  California,  Proceedings  of  the 
Eighth  Annual  Convention,  1909,  pp.  161-162. 

^  The  Bricklayers  and  Masons  have  occasionally  made  local  agree- 
ments with  the  Granite  Cutters  and  the  Stone  Cutters  in  which  it  is 
provided  that  the  former  shall  not  "  build  on  or  back  up  "  any  work 
where  the  stone  is  cut  by  "  scabs,"  and  that  the  latter  shall  not  cut 
stone  to  be  sent  to  jobs  where  non-union  masons  and  bricklayers 
are  at  work. 

*  Report  of  Proceedings  of  the  Sixth  Annual  Convention,  1903, 
p.  170. 

* "  It  was  agreed  by  both  sides  that  the  use  of  the  sympathetic 
strike  had  been  a  powerful  influence  in  unionizing  the  building 
trades  of  Chicago "  (Report  of  the  Industrial  Commission,  Vol. 
VIII,  p.  xxi). 

•Amalgamated  Sheet  Metal  Workers*  Journal,  December,  1908, 
p.  470.  In  December,  1910,  one  hundred  and  forty-three  local  coun- 
cils and  two  state  councils,  comprising  twenty-four  county  and  city 
councils,  were  affiliated  with  the  Department.  The  following 
national  unions  were  also  affiliated :  The  Asbestos  Workers,  the 
Bridge  and  Structural  Iron  Workers,  the  Amalgamated  Carpenters 
and  Joiners,  the  Cement  Workers,  the  Electrical  Workers,  the  Ele- 
vator Constructors,  the  Steam  Engineers,  the  Granite  Cutters,  the 
Hod  Carriers  and  Building  Laborers,  the  Lathers,  the  Marble 
Workers,  the  Metal  Workers,  the  Painters,  the  Plasterers,  the 
Plumbers,  the  Composition  Roofers,  the  Slate  and  Tile  Roofers,  the 
Stone  Cutters,  and  the  Tile  Layers. 


537]  ^^^  Joint  Closed  Shop.  107 

The  metal  trades. — In  the  metal  trades  the  development 
of  joint  action  against  non-unionists  has  been  much  slower 
than  in  the  building  trades  largely  because  there  has  been 
less  opportunity  for  the  advantageous  use  of  joint  and  sym- 
pathetic strikes.  A  building  must  be  constructed  on  a  par- 
ticular piece  of  ground,  but  metal  work  can  be  transferred 
from  one  shop  to  another  and  from  one  city  to  another. 
The  unions  of  the  metal  trades  for  this  reason  have  never 
shown  enthusiasm  over  the  possibilities  of  joint  action.  The 
indifference  toward  non-unionism  in  other  allied  trades 
might  perhaps  have  been  less  if  the  Molders,  who  are  far 
and  away  the  strongest  union  in  these  trades,  had  not  re- 
fused to  take  the  lead  in  securing  the  joint  closed  shop. 
They,  like  the  Bricklayers,  believe  that  nothing  is  gained 
for  themselves  by  interfering  in  behalf  of  the  unions  of 
allied  trades.  The  other  unions  in  the  group,  deprived  of 
their  natural  leader,  are  practically  powerless  to  effect  com- 
binations for  the  exclusion  of  non-union  men. 

A  good  illustration  of  the  Molders'  policy  toward  the 
other  unions  of  the  metal  trades  is  afforded  by  a  review  of 
their  relations  with  the  Core  Makers  and  the  Pattern 
Makers.  With  the  trades  represented  by  these  two  unions 
the  Molders  come  into  intimate  association  in  all  foundries. 
In  some  cases  non-union  pattern  makers  and  core  makers 
were  excluded  from  employment  with  union  molders,  but 
for  a  number  of  years  the  Core  Makers  attempted  fruitlessly 
to  obtain  an  agreement  providing  that  no  molder  "  be  allowed 
to  work  with  a  non-union  core  maker,  or  vice-versa."^ 
Finally  in  1903  the  Core  Makers,  at  their  request,  were 
amalgamated  with  the  Molders.  The  Pattern  Makers  and 
the  Molders  do  not  even  yet  discriminate  jointly  against  non- 
unionists,  except  in  isolated  cases. 

Probably  the  first  union  in  the  metal  working  trades  in 
which  it  was  proposed  to  resist  the  employment  of  non- 
unionists  outside  of  its  own  trade  jurisdiction  was  the  Iron 
and  Steel  Roll  Hands.     In  1874  a  plan  was  laid  before  the 

^  Molders,  Proceedings  of  the  Twenty-second  Session,  1902,  pp. 
617-618. 


io8       The  Closed  Shop  in  American  Trade  Unions.      [538 

convention  of  that  union  providing  for  an  amalgamation 
with  the  United  Sons  of  Vulcan  and  the  National  Union  of 
Rollers,  Roughers,  Catchers  and  Hookers  of  the  United 
States.  To  this  resolution  an  amendment  was  offered  that 
no  union  roll  hands  work  with  "  black-sheep,  either  Pud- 
dlers  or  Heaters,"  and  that  if  "  either  party  be  on  strike  our 
organization  shall  sustain  them."^  Partly  as  an  evidence  of 
the  good-will  of  the  Roll  Hands,  it  was  intended  that  this 
measure  should  go  into  operation  before  the  amalgamation 
was  consummated,  but  after  lengthy  discussion  the  amend- 
ment was  lost. 

The  first  joint  action  against  non-unionists  in  the  metal 
trades  was  against  "  scabs,"  and  particularly  against  "  strike- 
breakers." Thus  in  1881  the  Holders  in  a  Pittsburgh  foun- 
dry refused  to  work  on  patterns  made  by  "  scabs,"  after  the 
union  pattern  makers  in  the  employ  of  the  concern  had  gone 
out  on  strike.^  Similarly  the  Machinists  at  various  times 
have  refused  to  handle  "  scab-made  "  castings'  and  boilers* 
when  a  strike  was  in  progress  in  the  foundry  or  boiler-shop 
of  the  concern  where  their  members  were  employed.  Such 
action  has  usually  been  taken  only  after  an  appeal  for  help 
has  been  made  by  the  union  on  strike.  At  the  present  time 
there  is  much  indifference  among  the  metal  trades  unions 
about  working  with  "  unfair  "  and  blacklisted  men,  as  long 
as  the  union  concerned  makes  no  protest.^ 

There  has  been  even  less  joint  action  in  these  trades 
against  working  with  ordinary  non-unionists.  Here  and 
there  two  or  three  local  unions  have  come  to  an  understand- 
ing jointly  to  exclude  all  non-unionists,  but  no  lasting  com- 
bination has  been  effected.  From  1897  to  1905  the  Ma- 
chinists,  the   Metal   Mechanics,   and   the   Metal    Polishers 

^Proceedings  of  the  Second  Annual  Convention,  1874,  p.  16.  The 
unions  having  jurisdiction  over  the  manufacture  of  iron  and  steel 
are  seldom  classed  among  the  metal  trades  unions.  They  have  never 
been  on  terms  of  intimate  relation  with  other  unions. 

'  Iron  Holders'  Journal,  March,  1881,  p.  8. 

^  Ibid.,  Februar>-,  1896,  p.  69. 

*  Report  of  the  Grand  Master  Machinist  to  the  Seventh  Conven- 
tion, 1897,  p.  5. 

»  Machinists'  Monthly  Journal,  March,  1902,  p.  143. 


539]  ^^^  Joint  Closed  Shop.  109 

issued  a  joint  label  the  use  of  which  could  be  obtained  only 
by  those  establishments  which  maintained  closed  shops  as 
far  as  the  three  organizations  were  concerned.^ 

In  1908  the  American  Federation  of  Labor  organized  a 
"Metal  Trades  Department."  At  the  outset  the  Depart- 
ment formed  branches  in  about  fifty  important  cities.*  It 
aims  ultimately  to  bring  about  the  full  cooperation  of  the 
affiliated  unions  on  all  matters  of  common  concern.  Al- 
though its  published  program  contains  no  mention  of  joint 
discrimination  against  non-unionists,  there  is  no  doubt  that 
the  Department  favors  the  establishment  of  the  joint  closed 
shop  among  the  unions  in  the  metal  trades.  In  January, 
1910,  the  Philadelphia  branch  was  authorized  to  introduce 
the  "card  system"  for  three  months,^  but  no  strikes  were 
called  to  enforce  the  carrying  of  union  cards.  It  was 
thought  that  if  unionists  were  all  furnished  with  cards  of 
the  branch,  the  non-unionists  could  be  distinguished  and 
many  of  them  might  be  induced  to  join  the  proper  union. 
As  the  Philadelphia  experiment  has  not  been  repeated,  the 
presumption  is  that  it  did  not  prove  a  success.  Since  the 
formation  of  the  Department,  however,  there  is  no  doubt 
that  the  sentiment  among  the  unions  in  favor  of  the  joint 
closed  shop  has  greatly  increased,  but  the  employers  in  some 
of  the  trades  are  strongly  organized  in  open-shop  associa- 
tions, and  the  unions  cannot  hope  for  rapid  progress. 

Unions  of  the  metal  trades  acting  separately  have  also  at 
certain  times  obtained  the  employment  of  unionists  in  the 
other  trades.  Thus  the  Blacksmiths  in  1901  signed  a  closed- 
shop  agreement  at  Ottumwa,  Iowa,  which  provided  that  all 
employees  not  eligible  as  members  of  the  Blacksmiths'  union 

*  Spedden,  p.  22. 

*  Affiliated  with  the  Metal  Trades  Departmmt  in  January,  1911, 
were  the  Sheet  Metal  Workers,  the  Blacksmiths,  the  Boilermakers 
and  Iron  Shipbuilders,  the  Electrical  Workers,  the  Steam  Engineers, 
the  Steam  Fitters,  the  Foundry  Employees,  the  Machinists,  the  Metal 
Polishers,  BuflFers,  Platers  and  Brass  Workers,  the  Molders,  the 
Pattern  Makers,  and  the  Stove  Mounters. 

•Letter  from  Secretary-Treasurer  Berres  to  the  writer,  February 
22,  1910. 


no       The  Closed  Shop  in  American  Trade  Unions.      [540 

should  belong  to  some  other  bona-fide  organization.^  The 
metal  trades  unions  have  been  supported  at  times  by  union 
teamsters,  engineers,  and  stationary  firemen,  who  have 
refused  to  work  with  "  unfair "  metal  workers.^  The 
Metal  Polishers,  the  Steam  Engineers,  and  the  Stationary 
Firemen  in  1903  proposed  an  agreement  to  the  Kellogg 
Switchboard  and  Supply  Company  of  Chicago  in  which  it 
was  provided  that  the  company  should  employ  "  none  but 
members  of  the  aforesaid  organizations  or  those  who  carry 
the  regular  working  card  of  such  organizations,  provided 
the  various  crafts  will  furnish  such  competent  help  as  may 
be  required  .  .  .  within  twenty- four  hours  after  notification."' 
The  Brewery  Workmen  insist  that  none  but  union  machin- 
ists, boilermakers,  and  so  forth,  shall  be  employed  in  union 
breweries.^  Finally,  there  is  a  more  or  less  general  under- 
standing between  the  Machinists  and  the  printing  trades 
unions,  particularly  the  Printing  Pressmen,  that  non-union 
machinists  shall  not  be  allowed  to  set  up  machines  in  union 
offices. ° 

The  printing  trades. — At  one  time  all  of  the  printing 
trades  were  under  the  jurisdiction  of  the  International  Ty- 
pographical Union.  In  the  earlier  years  compositors,  press- 
men, and  bookbinders  were  combined  in  the  same  local 
unions.  About  1874  separate  local  unions  of  pressmen 
began  to  be  chartered,  and  later  on  the  same  policy  was 
followed  with  regard  to  bookbinders  and  stereotypers.  Al- 
most immediately  after  the  first  charter  was  issued  to  press- 
men the  president  of  the  International  union  recommended 
that  printers'  and  pressmen's  locals  be  required  to  cooperate 
with  each  other  in  matters  of  common  interest.®  In  1875 
a  resolution  was  adopted  providing  that  when  a  non-union 

^  Blacksmiths'  Journal,  April,  1901,  pp.  7-8. 

*  Machinists'  Monthly  Journal,  March,  1903,  p.  211. 

*  Christensen  v.  The  People,  114  111.  App.,  40. 

*  Brewery  Workmen,  Proceedings  of  the  Seventeenth  Convention, 
1908,  p.  160. 

*  Machinists'  Monthly  Journal,  February,  1903,  p.  115. 

•Report  of  Proceedings  of  the  Twenty-second  Annual  Session, 
1874,  p.  13- 


54i]  The  Joint  Closed  Shop.  iii 

man,  whether  pressman  or  compositor,  was  employed  in  an 
office,  "it  shall  be  obligatory  on  the  part  of  all  union  men 
to  cease  work  in  said  office  unless  they  have  the  consent  of 
both  unions  to  continue."^  In  the  following  year  this  rule 
was  rescinded.^  In  1879  ^^^  union  men  were  required  to 
cease  work  with  a  non-unionist,  pressman,  or  printer, "  when 
so  ordered  by  their  unions."^  Finally,  in  1891,  resolutions 
were  passed  urging  printers  to  do  their  utmost  "  to  unionize 
all  the  other  departments  of  offices  under  their  control."* 

In  spite  of  the  fact  that  the  International  union  thus  gave 
its  sanction  to  the  establishment  of  the  closed  shop  in  all 
branches  of  the  trade,  the  local  unions  very  rarely  acted 
together.  Time  and  again  the  national  officers,  particularly 
the  heads  of  the  allied  crafts,'  called  attention  to  the  lack  of 
joint  action.  The  weaker  unions  continually  urged  that  no 
office  be  considered  "  fair  "  unless  it  was  "  fair  from  cellar 
to  garret,"  but  their  demands  were  generally  ignored. 

The  pressmen  seceded  from  the  International  Typograph- 
ical Union  in  1889.  They  were  followed  by  the  bookbinders 
in  1892,  but  it  was  not  until  1895  that  the  Printers  gave  up 
their  claims  of  jurisdiction  over  the  seceding  trades.  In 
that  year  an  agreement  known  as  the  "  Tri-Partite  Agree- 
ment "  was  entered  into  between  the  Printers,  the  Printing 
Pressmen,  and  the  Bookbinders.  The  only  section  in  the 
agreement  directly  affecting  the  joint  closed  shop,  other  than 
that  regulating  the  use  of  the  label,  provided  that  subordi- 
nate unions  of  the  Printers  should  "use  all  honorable  en- 
deavors to  induce  non-union  pressmen  and  bookbinders 
within  their  jurisdiction  to  affiliate  with  the  nearest  union 

*  Report    of    Proceedings    of    the    Twenty-third    Annual    Session, 

1875,  p.  62. 

^Report   of   Proceedings   of   the   Twenty-fourth  Annual   Session, 

1876,  p.  62. 

'  Report  of  Proceedings  of  the  Twenty-seventh  Annual  Session, 
1879,  pp.  34,  42-43- 

*  Report  of  Proceedings  of  the  Thirty-ninth  Annual  Session, 
1891,  p.  112. 

°The  subordinate  crafts  each  had  a  vice-president  to  represent 
them  on  the  executive  board  of  the  International  union. 


112       The  Closed  Shop  in  American  Trade  Unions.     [542 

of  their  respective  organizations."^  The  agreement  re- 
mained in  force  until  1901,  when  it  was  finally  abrogated. 
Under  it  practically  no  progress  was  made  in  establishing 
joint  closed  shops.^ 

In  1904  a  new  agreement  was  made  by  the  Printers,  the 
Printing  Pressmen,  the  Bookbinders,  the  Stereotypers,  and 
the  Photo-Engravers  under  which  a  "  National  Allied  Print- 
ing Trades  Council  "  was  established.*  This  agreement,  with 
certain  amendments,  is  still  in  force.  No  reference  is  made 
therein  to  cooperative  action  against  the  employment  of  non- 
unionists  in  the  dififerent  trades,  but  an  allied  trades  label 
was  adopted,  to  be  issued  to  printing  offices  by  local  "  allied 
printing  trades  councils  "  when  "  unanimous  consent  of  the 
unions  represented "  had  been  obtained.*  Care  has  been 
taken  that  the  joint  label  is  not  used  except  in  accordance 
with  this  provision,^  but  strikes  have  seldom  been  called  by 
one  trade  to  compel  an  employer  to  unionize  another  de- 
partment of  his  office. 

In  a  few  cities,  however,  vigorous  joint  campaigns  have 
been  carried  on  against  "  rats "  and  other  non-unionists.* 
Both  the  Printing  Pressmen  and  the  Stereotypers  have  re- 
fused to  handle  "  strike-bound  "  composition.  During  the 
eight-hour  strike  of  the  Printers  in  1 905-1 907  the  Stereo- 
typers in  New  York,  Chicago,  Cincinnati,  Minneapolis, 
Richmond,  Virginia,  and  other  cities  went  out  on  prolonged 
strikes  because  they  were  asked  to  handle  non-union  matter.'^ 

^  Bookbinders,  Official  Proceedings  of  the  Fourth  Annual  Con- 
vention, 1895.  p.  49. 

"  The  International  Bookbinder,  April,  1901,  p.  6. 

»  The  Stereotypers  and  the  Photo-Engravers  in  the  meantime  had 
also  seceded  from  the  Typographical  Union.  Prior  to  1904  the 
Stereotypers  had  an  agreement  with  the  Printers  requiring  the 
latter's  local  unions  to  insist  upon  union-made  stereotype  plate 
matter,  electrotype  plates,  and  papier-mache  matrices. 

*  Spedden,  pp.  84-86. 

'  Where  the  labels  of  the  individual  unions  are  still  used  they  are 
not  ordinarily  given  to  an  office  where  non-union  men  of  any  trade 
are  employed.  The  Printing  Pressmen  complain  that  the  Typo- 
graphical Union  often  violates  this  rule. 

*  The  American  Pressman,  December,  1902,  p.  27;  December, 
1908,  p.  14. 

'  Stereotypers  and  Electrotypers'  Journal,  August,  1907,  p.  4. 


543]  The  Joint  Closed  Shop.  113 

Had  it  not  been  that  the  Stereotypers  themselves  wished  to 
secure  the  eight-hour  day,  it  is  not  Hkely  that  they  would 
have  interested  themselves  in  opposing  the  employment  of 
non-union  printers.  It  is  noteworthy  that  when  the  long 
Cincinnati  strike  was  at  its  height,  Vice-President  Frey  in 
his  report  on  the  situation  argued  in  favor  of  refusing  to 
handle  "  strike-bound "  composition,  but  declared  that  for 
the  Stereotypers  to  object  to  all  non-union  work  was  some- 
thing which  neither  Printers  nor  Stereotypers  had  ever 
proposed.  Many  composing  rooms  in  Cincinnati  had  always 
been  non-union,  although  the  stereotyping  and  electrotyping 
departments  in  the  same  offices  employed  only  union  men.^ 

The  chief  hindrance  to  the  wider  enforcement  of  the  joint 
closed  shop  in  the  printing  trades  has  been  the  stand  taken 
by  the  International  Typographical  Union.  This  organiza- 
tion has  always  maintained  that  as  a  printers'  union  it  is 
primarily  for  the  benefit  of  printers,  and  that  it  should  not 
be  used  as  a  "  club "  to  unionize  the  workmen  of  other 
trades.  As  has  been  shown  above,  this  feeling  prevailed 
even  when  the  trade  jurisdiction  of  the  union  extended  over 
all  the  printing  trades.  Since  the  agreement  of  1904  the 
progress  of  the  joint  closed  shop  has  been  retarded  by  the 
continual  struggle  of  the  four  weaker  unions  to  gain  control 
over  the  joint  conference  board.  Even  the  Printers  have 
expressed  the  belief  that  the  allied  trades  "  should  rid  them- 
selves of  the  merited  reproach  begotten  of  union  pressmen 
and  bookbinders  working  with  non-union  compositors  and 
vice-versa."^  It  is  acknowledged  that  "  too  often  the  Allied 
Printing  Trades  Council  is  considered  a  farce  or  joke."^ 

The  glass  trades. — No  federation  of  unions  has  ever  been 

*  Stereotypers  and  Electrotypers'  Journal,  August  1906,  p.  15. 

*  The  Typographical  Journal,  July,  1897,  p.  14. 

«  Stereotypers  and  Electrotypers'  Journal,  May,  1907,  p.  15.  In 
1004  the  New  York  State  convention  of  the  Allied  Printing  Trades 
Councils  declared  itself  "  strongly  opposed  to  the  '  open  shop  '  in  any 
department  of  our  allied  trades,  whether  it  be  in  national,  state, 
municipal  government,  or  private  corporation  or  firm  "  (The  Inter- 
national Bookbinder,  September.  1904,  p.  170).  The  secretary  of  the 
joint  conference  board  estimates  that  there  are  now  about  seven 
thousand  printing  offices  using  the  allied  trades  label. 

8 


1 14       The  Closed  Shop  in  American  Trade  Unions.     [544 

formed  in  the  glass  industry.  Accordingly  the  joint  closed 
shop  has  been  developed  only  as  a  part  of  the  policy  of  indi- 
vidual unions.  In  1902,  after  having  rejected  a  similar 
proposition  the  year  previous,  the  Glass  Bottle  Blowers 
adopted  a  resolution  providing  that  its  members  should 
refuse  to  blow  for  non-union  stopper  grinders,  a  trade  then 
under  the  jurisdiction  of  the  Flint  Glass  Workers.^  This 
action  was  apparently  taken  at  the  solicitation  of  the  latter 
union.'  Soon  afterwards,  in  1905,  the  Blowers  extended 
their  jurisdiction  over  stopper  grinders  and  forced  them  to 
change  their  affiliation.^ 

For  many  years  the  Glass  Bottle  Blowers  in  most  shops 
required  mold  makers  working  in  union  bottle  factories  to 
belong  to  the  Flint  Glass  Workers,*  but  they  refused  to  sign 
an  agreement  to  make  this  a  rule  for  all  shops  on  the  ground 
that  there  were  often  not  enough  union  mold  makers  to  fill 
the  needs  of  "  fair  "  manufacturers.^  As  a  result  of  a  juris- 
dictional dispute  of  long  standing,  the  Flint  Glass  Workers 
in  the  fall  of  1909  called  out  on  strike  all  mold  makers  in 
union  bottle  factories  at  Alton,  Illinois.  The  Glass  Bottle 
Blowers  then  permitted  the  employment  of  machinists  as 
mold  makers.  This  policy  proved  successful,  and  the  Blow- 
ers determined  to  drive  out  entirely  the  mold  makers  who 
were  affiliated  with  the  Flints.  This  was  rapidly  accom- 
plished, and  mold  makers  employed  in  shops  under  the  juris- 
diction of  the  Blowers  are  now  required  to  be  members  of 
the  International  Association  of  Machinists.  For  a  number 
of  years  prior  to  1899  there  was  an  organization  among  the 
sidelever  pressers  in  glass  bottle  factories  called  the  Green 
Glass  Pressers'  League.  The  Glass  Bottle  Blowers  usually 
required  pressers  and  pressers'  gathering  boys  in  union  fac- 

^  Proceedings  of  the  Twenty-sixth  Annual  Session,  1902,  p.  120. 

^  Flint  Glass  Workers,  Proceedings  of  the  Twenty-fourth  Annual 
Convention,  1902.  p.  186. 

^  Proceedings  of  the  Twenty-ninth  Annual  Session,  1905,  p.  139. 

*  Fhnt  Glass  Workers,  Proceedings  of  the  Fifteenth  Annual  Con- 
vention, 1892,  p.  179. 

'  Glass  Bottle  Blowers,  Proceedings  of  the  Twenty-sixth  Annual 
Session,  1903,  p.  29. 


54S]  The  Joint  Closed  Shop.  115 

tories  to  belong  to  the  League.  Since  1899  the  pressers  have 
been  required  to  join  the  local  unions  of  Blowers.^ 

Waterfront  and  marine  trades. — In  New  York  City  and 
vicinity  there  has  been  in  existence  for  a  number  of  years  a 
federation  known  as  the  "  Marine  Trades  Council."  It  is 
composed  of  unions  which  have  jurisdiction  over  the  con- 
struction and  repair  of  steam  and  sailing  vessels.  In  some 
cases  it  has  called  joint  strikes  against  the  employment  of 
non-union  men  in  one  of  the  affiliated  trades.  In  San  Fran- 
cisco there  is  a  much  older  organization  of  similar  character 
known  as  the  "  City  Front  Federation."  It  admits  to  mem- 
bership all  local  unions  "  whose  members  are  directly  em- 
ployed in  the  construction  or  repair  of  docks  and  vessels, 
the  handling  and  hauling  of  cargoes,  and  the  handling  of 
vessels,  steam  or  sail."-  Provision  is  made  for  joint  strikes, 
and  some  strikes  have  been  called  against  the  employment 
of  non-union  men  in  one  of  the  affiliated  unions.  In  New 
Orleans  the  "  Dock  and  Cotton  Council "  has  contrived  to 
enforce  the  exclusive  employment  of  union  men  in  handling 
all  freight  from  the  time  it  reaches  the  city  until  it  is  placed 
on  board  ship.^  The  Teamsters,  the  Freight  Handlers,  and 
the  Longshoremen  are  the  unions  chiefly  interested  in  the 
council. 

The  Seamen  and  the  Longshoremen  have  not  joined  in 
the  enforcement  of  the  closed  shop  as  fully  as  might  have 
been  expected  from  their  intimate  relations,  but  some  local 
unions  of  Longshoremen  on  the  Great  Lakes  have  forbidden 
their  members  to  work  with  non-union  sailors  or  to  unload 

^  The  Flint  Glass  Workers  have  often  accused  the  Glass  Bottle 
Blowers  of  bad  faith.  In  igoi  their  president  said :  "  It  is  only  a 
few  years  since  pressers,  gatherers,  stopper  grinders  and  mould 
makers  were  permitted  to  work  in  green  houses  without  regard  to 
their  being  affiliated  with  any  union.  ...  If  by  refusal  to  accept 
lower  waees  they  were  compelled  to  leave  the  employ  of  any 
company,  non-union  men  might  take  their  places  and  the  Glass 
Bottle  Blowers  Association  would  not  interfere.  .  .  .  All  of  a  sudden 
the  Green  Association  has  discovered  a  great  interest  in  pressers, 
gatherers,  mould  makers  and  stopper  grinders,  particularly  pressers 
and  gatherers"  (Proceedings  of  the  Twenty-third  Annual  Conven- 
tion, 1901,  p.  60). 

^Constitution,  1908.  Art.  II,  Sec.  3. 

'Facts,  February,  191 1,  pp.  12-13. 


Ii6       The  Closed  Shop  in  American  Trade  Unions.      [546 

vessels  manned  by  them.^  In  1901  it  was  recommended  by 
a  committee  of  tlie  Longshoremen  that  marine  firemen  and 
oilers,  who  were  under  the  jurisdiction  of  the  Longshore- 
men, should  see  that  wheelmen  and  watchmen  were  mem- 
bers of  the  Seamen's  union,^  but  no  action  was  taken  on  the 
recommendation.  In  1903  a  resolution  was  adopted  author- 
izing local  unions  of  the  Longshoremen  to  refuse  to  work 
with  non-union  crews  on  vessels  whose  owners  were  not 
members  of  the  Lumber  Carriers'  Association.^  When  the 
open-shop  campaign  of  the  Lake  Carriers'  Association  was 
inaugurated  in  1909,  there  was  bad  feeling  between  the 
Longshoremen  and  the  Seamen,  consequently  when  the  Sea- 
men were  locked  out,  the  Longshoremen  did  not  refuse  to 
unload  vessels  manned  by  "  scab "  sailors.*  Soon  after- 
wards they  themselves  were  also  locked  out.  Changes  in 
the  official  personnel  of  the  Longshoremen  which  occurred 
at  this  time  and  the  common  danger  threatening  the  two 
unions  were  responsible  for  the  establishment  of  closer  rela- 
tions. It  is  not  unlikely  that  in  the  near  future  the  Seamen 
and  the  Longshoremen  "  will  be  cemented  together  by  mu- 
tual protective  working  agreements."^ 

The  Marine  Engineers,  the  International  Pilots'  Associa- 
tion, and  the  American  Association  of  Masters,  Mates  and 
Pilots  are  organizations  of  marine  officers.  The  Interna- 
tional Pilots'  Association  has  a  rule  that,  except  with  the 
consent  of  the  executive  council,  no  member  shall  employ 
for  service  on  any  steam  or  sail  vessel  seamen  who  are  not 
members  of  a  seamen's  union  affiliated  with  the  American 
Federation  of  Labor.®     The  American  Association  of  Mas- 

1  Longshoremen,  Proceedings  of  the  Tenth  Annual  Convention, 
1901,  p.  35- 

*  Ibid.,  p.  150. 

»  Proceedings  of  the  Twelfth  Annual  Convention,  1903,  p.  196. 
The  Longshoremen  have  always  preferred  to  deal  with  employers' 
associations.  Hence  the  tactics  of  the  union  in  this  case  were 
undoubtedly  designed  as  much  to  force  vessel  owners  into  the 
Lumber  Carriers'  Association  as  to  exclude  non-union  men  from 
employment. 

*  The  Buffalo  Express,  April  14,  1909,  p.  i. 

*  The  Longshoreman,  December,  1909,  p.  3. 
•Constitution,  n.  d.,  Art.  XVI,  Sec.  i. 


547]  ^^^^  Joint  Closed  Shop.  1 17 

ters,  Mates  and  Pilots,  on  the  other  hand,  refuses  to  aid  in 
the  organization  of  seamen.  It  does  not  even  demand  the 
closed  shop  for  its  own  members.  The  Marine  Engineers 
occupy  middle  ground.  In  1909  the  Lake  Carriers'  Asso- 
ciation adopted  an  ofificial  form  of  contract  to  be  signed  by- 
individual  engineers  in  which  the  following  provision  ap- 
peared :  "  It  is  understood  that  all  departments  of  this  ship 
will  hereafter  be  conducted  in  each  department  upon  the 
open  shop  principle,  and  your  cooperation  will  be  required 
in  carrying  out  this  principle."  The  Marine  Engineers  re- 
fused to  let  their  members  sign  this  contract,  partly  on  the 
ground  that  it  was  improper  for  them  to  aid  in  forcing  the 
open  shop  on  the  Seamen  and  Longshoremen,  but  they  were 
willing  to  agree  not  to  cooperate  with  these  unions  in  secur- 
ing the  joint  closed  shop. 

The  wall  paper  trades. — The  two  unions  composing  the 
"  Allied  Wall  Paper  Trades,"  namely,  the  Print  Cutters  and 
the  Machine  Printers  and  Color  Mixers,  have  maintained 
joint  closed  shops  since  1903.  Even  when  the  cutting  and 
the  printing  are  done  in  separate  establishments  the  Machine 
Printers  wall  not  handle  non-union  "  prints,"  nor  will  the 
Print  Cutters  cut  patterns  for  non-union  printing  houses.  In 
Canada,  w^here  the  Machine  Printers  have  no  local  unions, 
non-union  printers  are  allowed  to  work  with  union  cutters. 

The  remaining  cases  of  enforcement  of  the  joint  closed 
shop  relate  to  specific  unions.^ 

The  United  Mine  Workers. — Prior  to  1907  there  were  asso- 
ciations of  mine  managers  and  their  assistants  in  the  Illinois 
and  Indiana  coal  fields.  Many  of  the  members  of  these 
organizations  had  been  miners  and  had  formerly  belonged 
to  the  United  Mine  Workers,  consequently  they  were  for 
the  most  part  friendly  to  the  union.  Their  friendship  was 
very  valuable  to  the  union,  and  some  of  the  Mine  Workers' 

'  In  1908  the  American  Federation  of  Labor  established  a  "  Rail- 
way Employes'  Department "  with  which  all  unions  in  the  Federa- 
tion having  jurisdiction  over  railway  work  are  affiliated.  Up  to  the 
present  the  attention  of  the  Department  has  been  given  chiefly  to  the 
settlement  of  jurisdictional  disputes.  No  attempt  has  been  made  to 
enforce  the  joint  closed  shop. 


1 


ii8       The  Closed  Shop  in  American  Trade  Unions.     [548 

local  unions  instructed  their  pit  committees  to  see  that 
managers  and  their  assistants  on  "  card  day  "  were  in  good 
standing  in  the  managers'  association.^  In  1900  a  resolution 
was  offered  at  the  Mine  Workers' convention  which  provided 
that  "  all  employees  in  or  about  the  coal  mines  must  either 
be  members  of  the  United  Mine  Workers  of  America  or 
members  of  their  respective  trade  unions,"  and  that  "  the 
pit  committees  in  the  different  mines  have  jurisdiction  over 
all  such  employees  belonging  to  other  unions  than  the  United 
Mine  Workers  of  America."'    The  resolution  was  rejected. 

American  Federation  of  Musicians. — In  some  cities  the 
Musicians  have  an  understanding  with  the  Hotel  and 
Restaurant  Employees  that  members  of  neither  union  shall 
work  in  hotels,  cafes,  and  restaurants  "  unless  all  of  the 
trades  are  recognized."  The  local  unions  of  the  Musicians 
have  also  frequently  made  arrangements  with  the  Theatrical 
Stage  Employees  for  the  joint  exclusion  of  non-unionists 
from  employment  in  theatres  and  moving-picture  parlors. 
In  1905  the  Theatrical  Stage  Employees  asked  for  a  national 
agreement,  but  the  Musicians  considered  that  the  matter  had 
better  be  left  for  local  unions  to  determine.^  Because  they 
are  more  self-reliant  than  most  of  the  other  unions  with 
which  they  work  the  Musicians  have  frequently  been  accused 
of  caring  little  for  the  interests  of  the  other  trades.* 

The  Teamsters. — In  addition  to  their  affiliations  with  the 
unions  of  the  building  and  metal  trades,  noted  above,  the 
Teamsters  have  also  joined  with  the  Bakery  and  Confec- 
tionery Workers  in  maintaining  closed  shops.  In  1902,  for 
example,  the  Detroit  local  union  of  bakers  struck  in  certain 
bakeries  because  the  proprietors  refused  to  agree  to  employ 

Illinois  Mine  Managers  and  Mine  Examiners'  Mutual  Aid  Asso- 
ciation, Proceedings  of  the  Fourth  Annual  Convention,  1901,  p.  6. 

^  Proceedings  of  the  Eleventh  Annual  Convention,  1900,  p.  47. 

'Theatrical  Stage  Employees,  Proceedings  of  the  Thirteenth 
Annual  Convention,  1905,  pp.  58-59. 

*  In  1903  the  Musicians  voted  to  "  enter  into  reciprocal  relations," 
whenever  possible,  with  the  Actors'  Protective  Union  of  America. 
They  have  not,  however,  discriminated  against  non-union  actors 
(Proceedings  of  the  Eighth  Annual  Convention,  1903,  p.  no). 


549]  ^^^^  Joint  Closed  Shop.  119 

union  drivers.  The  union  drivers  joined  in  the  strike.^ 
There  are  only  a  few  industries,  however,  in  which  com- 
munity of  interest  between  the  drivers  and  the  men  in  the 
shops  is  strongly  felt.^ 

Miscellaneous. — The  Granite  Cutters  for  a  brief  period 
had  an  agreement  with  the  Quarrymen  in  which  it  was  pro- 
vided that  members  of  neither  organization  should  work 
with  non-unionists  in  the  other  trade.  The  arrangement 
proved  unsatisfactory  to  the  Granite  Cutters  and  was  dis- 
continued. 

The  Shirt,  Waist  and  Laundry  Workers  and  the  Meat 
Cutters  and  Butcher  Workmen^  have  secured  the  insertion 
in  some  agreements  with  employers  of  a  provision  that  all 
employees  must  become  members  of  the  unions  in  their 
respective  crafts.  It  is  seldom  that  "  blanket "  agreements 
of  this  character  are  formed.  The  Shirt,  Waist  and  Laundry 
Workers  have  required  as  a  condition  for  the  use  of  their 
label  that  all  firemen  and  engineers  employed  in  a  factory  or 
laundry  must  be  members  of  the  Stationary  Firemen  and 
the  Steam  Engineers  respectively.  If  there  is  no  local  union 
of  these  organizations  in  the  city,  the  firemen  and  engineers 
must  join  the  Shirt,  Waist  and  Laundry  Workers.* 

In  1906  it  was  proposed  at  the  convention  of  the  Boot  and 
Shoe  Workers  to  adopt  a  rule  that  "  all  employees  in  union 
stamp  factories  shall  be  members  of  their  respective  unions," 
and  that  union  boot  and  shoe  workers  should  not  "  be  com- 
pelled to  work  on  any  product  that  is  declared  unfair  by  the 
American  Federation  of  Labor. "^  The  resolution  was  de- 
feated as  being  inexpedient. 

There  have  been  numerous  occasions  in  all  parts  of  the 
country  in  which  local  unions  have  combined  temporarily  or 
permanently  for  the  purpose  of  securing  the  exclusive 
employment  of  their  members.    In  Philadelphia,  for  instance, 

*  The  Team  Drivers'  Journal,  May,  1902,  p.  8. 

*  The  brewery  drivers  employed  by  union  breweries  are  required  to 
be  members  of  the  Brewery  Workmen. 

'Official  Journal,  February,  1901,  p.  5. 

♦Spedden,  p.  88. 

'  Proceedings  of  the  Seventh  Convention,  1906,  p.  172. 


I20       The  Closed  Shop  in  American  Trade  Unions.      [SSO 

the  members  of  the  two  local  unions  of  lace  menders  and 
lace  finishers  will  not  work  for  factories  which  employ  non- 
union lace  operatives.  In  1904  the  stationary  engineers,  fire- 
men, rock  drillers,  tool  sharpeners,  caisson  workers,  and 
dock  builders  engaged  on  the  Pennsylvania  Railroad  tunnel 
at  New  York  struck  jointly  against  the  employment  of  non- 
unionists.^ 

It  will  be  seen  from  the  foregoing  that  the  joint  closed 
shop  has  been  most  successfully  established  in  those  trade 
groups  where  the  joint  or  the  sympathetic  strike  is  most 
effective.  It  has  attracted  little  attention  from  those  unions 
which  work  in  contact  with  only  one  or  two  others.  In  the 
case  of  unions  like  the  Barbers  and  the  Horseshoers,  which 
do  not  come  in  contact  with  unions  of  other  trades,  and  in 
the  case  of  the  open-shop  organizations,  like  the  Locomotive 
Engineers,  there  has  been  no  discussion  whatever  concerning 
the  joint  closed  shop.  A  large  number  of  groups  of  unions, 
on  the  other  hand,  seem  to  afford  the  necessary  con- 
ditions for  the  success  of  the  joint  closed  shop.  Jurisdic- 
tional disputes,  like  that  between  the  Glass  Bottle  Blowers 
and  the  Flint  Glass  Workers,  have  greatly  hindered  the 
development  of  joint  movements  against  non-union  men. 

The  enforcement  of  the  joint  closed  shop  is  usually  based 
on  the  principle  of  reciprocity.-  The  advantage  of  such  an 
arrangement,  especially  if  the  unions  are  of  approximately 
the  same  strength,  is  obvious.^  If  one  union  makes  a  sacri- 
fice in  striking  for  another  union,  at  another  time  or  place  it 
receives  aid.  Moreover,  the  united  power  of  the  unions  is 
enormously  greater  than  the  power  of  any  one  of  them.  One 
reason  why  a  more  vigorous  joint  campaign  has  not  been 
carried  on  against  non-union  material  is  that  there  is  in 


*  The  Labor  Compendium,  July  31,  1904,  p.  8. 

» The  Carpenter,  May,  1881,  p.  2. 

'  "  Councils  of  related  trades  .  .  .  have  a  plain  economic  basis,  in 
that  they  represent  men  who  work  for  the  same  employers,  or  for 
employers  who  cooperate  in  the  same  industry.  Their  technical  and 
industrial  relations  give  them  strength  in  united  action.  The  sym- 
pathetic strike,  as  it  develops  under  their  influence,  is  a  formidable 
weapon"  (Final  Report  of  the  Industrial  Commission,  1902,  p.  799). 


SS^I  The  Joint  Closed  Shop.  121 

most  cases  little  opportunity  for  the  unions  having  jurisdic- 
tion over  the  manufacture  of  material  to  assist  the  unions 
which  handle  it.  The  Bricklayers  and  Masons  may  dis- 
criminate against  non-union  bricks,  but  it  is  impossible  for 
the  Brick,  Tile,  and  Terra  Cotta  Workers  to  prevent  the 
owner  of  a  brick-yard  from  selling  to  non-union  contractors. 

Certain  unions  have  discriminated  against  non-unionists 
of  other  trades  not  so  much  to  get  help  of  the  same  kind 
as  to  secure  other  forms  of  assistance.  The  Brewery  Work- 
men, for  example,  require  the  employment  of  union  carpen- 
ters, bricklayers,  and  so  forth,  in  erecting  buildings  at  union 
breweries,  although  the  other  unions  are  unable  to  insist 
directly  on  the  employment  of  union  brewery  workers.  The 
brewery  workers  make  no  complaint  if  unionists  in  the  build- 
ing trades  work  for  one  of  the  few  non-union  breweries. 
The  Brewery  Workers  aim  merely  at  increasing  the  general 
obligations  of  other  trade  unions  to  them.  Much  of  the 
enthusiasm  manifested  by  trades  councils  and  city  federa- 
tions against  local  option  and  prohibition  seems  to  be  inspired 
by  the  fact  that  the  Brewery  Workmen  have  always  been 
extremely  loyal  to  other  unions.  No  union  has  made  more 
effective  use  of  the  boycott  than  the  Brewery  Workmen. 

The  enforcement  of  the  joint  closed  shop  does  not  rest 
simply  on  advantages  to  be  gained,  but  also  on  the  principle 
widely  accepted  among  unionists  that  it  is  "lowering  and 
degrading"  to  work  with  non-union  men.  Many  unionists 
analyze  such  action  by  characterizing  it  as  not  only  "  in- 
congruous "  but  "  weakening."  It  is  incongruous  because 
each  union  insists  on  the  closed  shop  within  its  own  juris- 
diction, and  it  is  weakening  because  the  opportunity  to 
assist  another  union  and  thereby  gain  its  good  will  is  lost..^ 

American  trade  unions  fully  realize  the  advantage  of  the 
joint  closed  shop,  and  it  is  evident  that  they  are  likely  to 
make  fuller  use  of  it  in  the  future.    For  years  the  American 

*"When  you  work  on  the  same  job  where  non-union  men  are 
employed,  you  are  aiding  and  encouraging  the  cause  of  the  open 
shop,  rendering  weaker  the  whole  structure  of  union  labor,  and  in 
effect  cutting  your  own  throat"  (Amalgamated  Sheet  Metal 
Workers'  Journal,  November,  1908,  p.  434). 


122       The  Closed  Shop  in  American  Trade  Unions.     [552 

Federation  of  Labor  has  been  striving  to  bring  about  alli- 
ances among  the  national  unions.  At  present  the  Federation 
seems  to  have  in  view  the  formation  of  "  departments  "  in 
every  group  of  allied  trades  affiliated  with  it.  By  doing  this 
the  machinery  is  provided  for  more  vigorous  and  more 
extensive  discrimination  against  the  non-union  man. 


i 


CHAPTER  VI. 
The  Establishment  of  the  Closed  Shop. 

Trade  unions  follow  two  methods  in  organizing  the  work- 
men under  their  jurisdiction.  Journeymen  may  be  ap- 
proached as  individuals  without  regard  to  the  shop  in  which 
they  are  employed,  or  attention  may  be  concentrated  on  the 
workmen  employed  in  a  particular  shop.  The  first  method 
is  employed  in  organizing  the  workmen  in  cities  where  a 
union  is  weak.  The  second  method  is  the  one  chiefly  em- 
ployed by  unions  in  which  the  closed  shop  is  well  established. 
The  extension  of  the  union's  influence  is  not  accomplished 
by  organizing  individuals  but  by  unionizing  shops. 

There  are,  of  course,  no  hard  and  fast  rules  determining 
the  way  in  which  a  local  union,  a  district  council,  or  a 
national  union  shall  proceed  in  order  to  secure  the  exclusive 
employment  of  its  members  in  a  shop.  Expediency  is  here 
the  only  practicable  test  of  union  policy,  although  precedent 
exercises  some  influence.  The  initiative  in  unionizing  a 
shop,  obviously,  must  come  from  one  of  two  sources.  Either 
a  trade  union  takes  it  upon  itself  to  see  that  the  shop  is 
unionized,  or  the  employer  on  his  own  initiative  requires 
his  workmen  to  join  the  union.  In  the  great  majority  of 
cases  it  is  the  union  that  acts,  since  it  is  the  party  chiefly 
interested  in  the  extension  of  its  control. 

The  simplest  plan  by  which  American  trade  unions  secure 
the  closed  shop  in  an  establishment  is  to  induce  the  men  in 
a  shop  or  factory  'one  by  one  to  join  the  union  until  all, 
or  practically  all,  have  become  members.  During  the  period 
of  unionizing  no  demands  are  made  upon  the  employer  that 
he  discharge  non-union  men,  nor  are  such  demands  made 
after  the  shop  is  organized.  At  first  a  few  non-union  men 
may  be  allowed  to  remain  at  work.  As  time  goes  on,  estab- 
lished custom  is  likely  to  make  the  shop  a  completely  closed 

123 


124       '^^^  Closed  Shop  in  American  Trade  Unions.      [554 

one.  As  the  union  men  come  to  have  an  overwhelming 
majority,  "moral  pressure"  can  usually  be  effectively  ap- 
plied to  secure  the  membership  of  the  remaining  non-union 
men.^  "  Moral  pressure  "  varies  from  persuasion  to  intimi- 
dation. 

The  shop  having  thus  been  unionized,  if  the  employer  has 
never  shown  unfriendliness  to  labor  organizations,  the  union 
soon  comes  to  feel  that  it  is  securely  intrenched.  When 
new  workmen  are  employed,  there  is  no  hesitation  about 
asking  them  if  they  have  union  cards.  If  they  prove  to  be 
non-unionists,  they  are  told  they  must  join  the  union.  It  is 
well  known  to  them,  of  course,  that  for  a  considerable  time 
the  union  has  had  practical  control  over  the  shop,  although 
the  employer  has  not  entered  into  a  closed-shop  agreement 
with  it.  Ordinarily  they  apply  for  membership.  Should 
they  refuse  to  become  union  members,  their  work  would 
probably  be  made  very  unpleasant.  Not  only  would  the 
unionists  do  all  in  their  power  to  annoy  such  "  independents," 
but  if  the  foreman  happened  to  be  a  union  member,  some 
pretext  would  usually  be  found  for  their  discharge. 

While  all  the  closed-shop  unions  at  some  time  or  other 
have  unionized  shops  in  this  manner,  the  Molders  furnish 
the  best  illustration  of  the  working  of  this  plan.  In  1891 
the  Molders  signed  the  first  of  a  series  of  agreements  with 
the  Stove  Founders'  National  Defence  Association.  Nothing 
was  said  in  these  agreements  concerning  the  employment 
of  union  men.  At  the  time  the  first  agreement  was  signed 
sixty  per  cent,  of  the  members  of  the  Defence  Association 
were  operating  open  shops,  but  the  union  soon  unionized  the 
shops  so  effectively  that  in  1906  all  but  two  of  the  foundries 
covered  by  the  agreements  were  union  shops.  This  result 
was  accomplished  "  rather  by  inducing  the  Molders  to  enter 
the  union,  than  by  bringing  pressure  to  bear  upon  the  em- 
ployer to  discharge  non-union  men,  or  to  force  them  to  join 
the  union. "^ 

*  Iron  Molders'  Journal,  August,  1880,  p.  19. 

*  Hilbert,  F.  W.,  "  Trade-Union  Agreements  in  the  Iron  Molders' 
Union,"  in  Studies  in  American  Trade  Unionism,  edited  by  Hol- 
lander and  Barnett,  p.  243. 


555]  Establishment  of  the  Closed  Shop.  125 

In  the  early  nineties  the  United  Green  Glass  Workers* 
were  unable  to  secure  an  agreement  for  the  closed  shop 
with  a  number  of  manufacturers.  As  business  was  then 
very  dull,  it  was  decided  to  allow  union  members  to  work 
for  these  firms  as  long  as  union  wages  and  hours  were 
observed.  It  was  hoped  that  the  non-union  workmen  could 
be  induced  to  become  members  "  in  a  short  time,"  and  that 
the  union's  control  would  be  made  "  absolute."  The  plan 
was  adopted,  however,  only  after  the  bitterest  opposition. 
Even  its  defenders  admitted  that  it  was  "  of  necessity  a  slow 
method  of  gaining  control."^ 

A  number  of  small  unions  like  the  Compressed  Air  Work- 
ers and  the  Cotton  Mule  Spinners,  which  deem  it  wise  not  to 
adopt  more  radical  policies,  make  it  the  duty  of  their  mem- 
bers "  to  try  by  all  means  to  get  employment  for  union  mem- 
bers "'  and  to  induce  non-members  with  whom  they  are 
working  to  take  out  union  cards.*  Similar  rules  were 
adopted  by  the  Longshoremen,  the  Potters,  and  the  Iron, 
Steel  and  Tin  Workers  soon  after  their  organization,  and 
they  are  still  in  force,^  although  these  unions  now  also  use 
other  and  more  radical  means  of  unionizing  the  shops  in 
which  their  members  work.  Open-shop  labor  organizations 
also  in  this  manner  sometimes  completely  unionize  a  shop 
or  a  railroad.  They  may  secure  the  membership  of  all  the 
men  at  work  for  an  employer,  and  yet  not  establish  the 
closed  shop.  But  most  of  the  strong  closed-shop  unions 
have  abandoned  the  plan  of  trying  to  secure  the  closed 
shop  by  gradually  bringing  into  membership  the  workmen 
in  a  shop,  and  then  relying  on  established  custom  to  give 
them  control.  This  method  is  considered  too  slow  and  un- 
certain. Moreover,  to  many  unions  it  seems  to  give  official 
sanction  to  the  open  shop  if  they  allow  their  members  to 

»  Known  since   1895  as  the  Glass  Bottle  Blowers'  Association  of 
the  United  States  and  Canada. 
'  Proceedings  of  the  Eighteenth  Annual  Session,  1894,  p.  21. 

•  Card  and  Picker  Room  Protective  Association  of  Fall  River  and 
Vicinity,  Rules,  1908,  p.  26. 

*  Compressed  Air  Workers,  Constitution,  1902,  Art.  VI. 
» See  p.  29. 


126       The  Closed  Shop  in  American  Trade  Unions.      [556 

work  for  any  length  of  time  with  non-unionists.^  The 
method  ordinarily  employed  of  unionizing  a  shop  is  to 
bring  into  membership  as  many  of  the  men  as  possible,  and 
then  to  demand  of  the  employer  that  he  recognize  the  union 
and  agree  thereafter  to  employ  only  union  members.  Should 
the  employer  refuse,  a  strike  is  ordinarily  called  in  his  shop. 
This  method  of  unionizing  a  shop  has  been  favored  by 
leading  unionists  for  many  years.^  After  the  union  has 
"  coaxed  the  non-unionists  long  enough,"^  it  is  better  in 
their  opinion  to  bring  the  matter  to  a  conclusion  than  to  allow 
unionists  and  non-unionists  to  work  together  indefinitely. 
Conservative  unions  do  not  like  to  call  such  strikes  until 
every  effort  has  been  made  to  bring  the  men  into  member- 
ship,* but  frequently  trade  conditions  make  it  advisable  to 
strike  for  the  closed  shop  rather  than  to  wait  until  every 
non-union  man  in  the  shop  has  been  induced  to  join.  Greater 
care  is  taken  in  calling  strikes  for  the  closed  shop  against 

^  Bricklayers  and  Masons,  Thirty-second  Annual  Report  of  Presi- 
dent and  Secretary,  1897,  p.  85. 

'  "  The  first  thing  the  union  must  do  is  to  open  the  shop  to  union 
men.  Then,  at  the  first  opportunity  to  get  in  the  shop,  grasp  it  and 
try  to  get  as  many  union  men  in  that  shop  as  possible,  until  they 
have  the  majority.  Then  ask  and  request  the  non-union  men, 
politely,  to  join  their  ranks.  If  they  refuse  to  join  (which  rarely 
happens),  you  will  strike  on  them.  The  boss  very  seldom  lets  the 
majority  quit,  and  would  discharge  the  non-union  men.  The  non- 
union men,  seeing  themselves  out  of  work  and  being  run  out  by 
union  men,  will  naturally  but  timidly  come  one  by  one  and  ask  for 
admission  to  the  union  "  (The  Cigar  Makers'  Journal,  April,  1892, 
p.  7).  In  1S80  a  writer  in  the  Iron  Molders'  Journal  urged  that 
strikes  should  be  called  at  once  against  non-union  men  when  they 
were  in  a  minority  in  a  shop,  but  conceded  that  "  where  they  com- 
pose about  one-half  the  shop's  crew,  a  great  deal  of  moral  suasion 
should  first  be  resorted  to"  (Iron  Molders'  Journal,  May,  1880,  p.  4). 

'  The  Carpenter,  August,  1883,  p.  i. 

* "  Many  employers  who  are  willing  to  have  their  shops  unionized 
are  not  willing  to  appear  to  be  forced  into  such  a  position,  and  many 
workmen  can  be  persuaded  who  cannot  be  compelled  to  become 
unionists.  No  demand  should  be  made  for  the  unionization  of  a  shop 
until  all  reasonable  eflforts  have  been  made  to  secure  the  allegiance 
of  every  employee.  It  is  unwise,  moreover,  to  demand  the  unionizing 
of  a  shop  or  an  industry  where  there  is  not  sufficient  strength  to 
compel  it.  For  every  such  demand  and  prior  to  every  such  demand 
there  should  be  months  of  patient  propaganda,  and  in  this,  as  in 
every  other  line  of  trade  policy,  compulsion  should  not  be  used  until 
persuasion  has  completely  and  signally  failed"  (Mitchell,  Organized 
Labor,  p.  284). 


557j  Establishment  of  the  Closed  Shop.  127 

large  employers  than  against  smaller  ones.  Thus  in  1893 
Subordinate  Union  No.  4  of  the  Bricklayers  and  Masons  at 
St.  Catherines,  Ontario,  asked  permission  to  work  with  non- 
union men  on  a  job  until  it  could  secure  a  majority,  when  it 
was  willing  to  strike  for  the  closed  shop.  The  executive 
board  of  the  national  union,  in  passing  upon  the  petition, 
ruled  that  it  was  "illegal "  for  members  of  any  subordinate 
union  to  "  work  with  non-union  men  inside  of  their  legal 
jurisdiction,"^  although  in  1891  the  board  had  acted  favor- 
ably upon  a  similar  petition  from  the  subordinate  union  at 
South  Oil  City,  Pennsylvania.  Here  the  employer  whose 
shop  it  was  hoped  to  unionize  after  organizing  a  majority  of 
its  employees  was  the  Standard*  Oil  Company.  The  sub- 
ordinate union  was  strictly  enjoined  to  "use  good  judg- 
ment "  and  "  not  to  estrange "  the  "  good  will "  of  the 
company.^ 

No  closed-shop  union  allows  members  on  their  own  initia- 
tive to  go  to  work  in  "unfair"  or  "scab"  shops.  The 
unions  will  not  admit  the  plea  that  the  member  entered  such 
employment  in  order  to  unionize  the  shop.  A  member  who 
violates  this  rule  is  "  scabbed."  Moreover,  most  unions  do 
not  allow  their  members  on  their  own  initiative  to  go  to 
work  in  an  ordinary  non-union  shop.  As  early  as  1874  the 
Molders  provided  that  local  unions  should  not  permit  their 
members  to  work  in  "  scab  or  non-union  shops  "  unless  there 
were  "  positive  hopes  of  reclaiming  such  shops. "^  This  reg- 
ulation was  highly  commended  by  the  editor  of  the  Iron 
Molders'  Journal.  "  Years  of  experience,"  he  declared, 
"  must  have  convinced  all  that  no  shop  can  be  regained 
simply  by  allowing  union  men  to  work  therein.  .  .  .  The 
idea  of  opening  shops  to  get  union  men  in  and  eventually 
making  it  a  union  shop  is  '  played  out ' ;  it  has  never  been 
done,  but  simply  because  the  class  of  men  who  could  regain 

^  Twenty-eighth  Annual  Report  of  the  President  and  Secretary, 
1893,  p.  13- 

*  Twenty-sixth   Annual   Report   of   the    President   and    Secretary, 
1891,  p.  Ixxxii. 
'  Iron  Molders'  Journal,  October,  1874,  P-  69. 


128       The  Closed  Shop  in  American  Trade  Unions.     [558 

the  shop,  will  not  go  into  it."^  In  practically  all  of  the 
closed-shop  unions  which  have  their  trades  well  organized, 
union  members  must  secure  the  consent  of  their  union 
before  going  to  work  in  any  shop  other  than  a  closed  one. 
In  poorly  organized  trades  where  the  open  shop  largely 
prevails  such  consent  is  rarely  required. 

In  some  cases  the  national  unions  have  themselves  speci- 
fied in  what  open  or  non-union  shops  union  men  shall  be  al- 
lowed to  work  and  when  strikes  shall  be  called  for  the  closed 
shop.  Thus,  the  Amalgamated  Association  of  Iron,  Steel 
and  Tin  Workers  for  many  years  "  opened  "  non-union  mills. 
Union  men  were  from  time  to  time  encouraged  to  obtain 
work  in  such  mills  in  order  gradually  to  work  out  the 
"  blacksheep "  or  non-union  men.  The  mills  were  not 
allowed  to  remain  "  open "  indefinitely  if  the  attempt  to 
unionize  them  failed.  After  a  certain  period  the  union  men 
were  called  out,  and  the  mills  reverted  to  the  "  blacksheep."^ 
In  1904  the  Association  provided  that  not  more  than  three 
mills  should  be  "  opened  "  at  one  time,^  and  that  union  mem- 
bers sent  into  them  should  be  allowed  only  ninety  days  in 
which  to  unionize  them.*  A  union  member  sent  into  a  mill 
which  had  been  "  opened  "  was  regarded  as  a  union  mission- 
ary. If  he  was  lax  in  seizing  opportunities  to  induce  non- 
unionists  to  become  members,  he  was  condemned  as  one 
who  had  betrayed  a  trust.®  In  former  years  many  mills  were 
unionized  by  this  method,  but  since  the  decline  in  the  power 
of  the  Amalgamated  Association  practically  all  aggressive 
tactics  have  been  dropped.® 

'  Iron  Molders'  Journal,  October,  1874,  p.  69. 

*  Proceedings  of  the  Twenty-fifth  Annual  Convention,  1900,  p.  5727. 

*  Proceedings  of  the  Twenty-ninth  Annual  Convention,  1904, 
p.  7099. 

*  Proceedings  of  the  Twenty-ninth  Annual  Convention,  1904,  p. 
6879. 

'  Proceedinefs  of  the  Eleventh  Annual  Convention,  1886,  pp,  183^ 
i8do. 

*  Some  unions  lay  more  stress  on  a  written  agreement  for  the 
closed  shop  than  others.  In  practice  it  makes  little  difference 
whether  an  agreement  is  signed.  As  soon  as  the  employer,  either 
expressly  or  tacitly,  recognizes  the  right  of  union  members  to 
exclusive  employment,  the  closed  shop  has  been  secured.     A  union 


559]  Establishment  of  the  Closed  Shop.  129 

In  many  shops  the  unions  are  greatly  embarrassed  in 
organizing  the  men  by  the  hostility  of  the  employer  toward 
organized  labor.  Thus  the  employer  will  not  hire  union 
men  to  do  any  work.  If  by  chance  union  men  do  get  into 
his  employ  and  the  fact  is  discovered,  they  are  discharged. 
Very  often  it  is  essential  to  a  union  to  gain  control  over 
anti-union  shops  when  they  are  of  sufficient  importance  to 
prevent  effective  control  over  the  trade  if  left  unorganized. 
Unions  are  also  eager  to  unionize  such  establishments  be- 
cause prestige  is  thereby  given  the  union  to  a  far  greater 
extent  than  would  be  the  case  if  a  friendly  shop  of  the  same 
importance  were  unionized.  Occasionally  when  an  employer 
announces  that  he  intends  to  run  an  anti-union  shop,  the 
unions  address  an  appeal  to  his  employees  asking  them  to 
leave  his  service.  This  rarely  succeeds  in  its  object.  Even 
if  it  does,  unless  non-union  men  are  scarce,  only  temporary 
concern  is  caused  the  employer.  A  boycott  may  also  be 
instituted  to  destroy  the  "unfair"  employer's  business.  If 
these  methods  fail  or  if  they  do  not  appeal  to  a  union  as 
likely  to  be  effective,  the  plan  usually  adopted,  if  the  shop 
is  to  be  unionized,  is  to  allow  union  members  to  work  there 
"  under  cover,"  that  is,  without  the  employer's  knowing  that 
they  are  unionists. 

When  a  union  man  works  "  under  cover,"  he  does  so  with 
the  express  permission  of  his  organization.  Very  often 
when  he  applies  for  employment  at  an  anti-union  shop  he 
gives  an  assumed  name,  or  if  he  gives  his  real  name,  it  is 
frequently  after  his  name  has  been  erased  from  the  regular 
union  roster  and  placed  upon  a  "  secret  list.'"^  Once  em- 
ployed, he  quietly  begins  to  gather  recruits  among  those 
workmen  who  appear  most  amenable  to  persuasion.  Secrecy 
is  enjoined  upon  all  the  new  members  he  obtains.  Other 
unionists  are  instructed  to  apply  for  such  vacancies  as  occur 
in  the  shop.  Thus  by  the  secret  introduction  of  union  men 
into  the  shop  from  the  outside  and  by  patient  propaganda 

in  any  event  governs  its  members  through  its  own  rules   (Amalga- 
mated Sheet  Metal  Workers'  Journal,  June,  1908,  p.  215). 
*  Buchanan,  The  Story  of  a  Labor  Agitator,  pp.  39-41. 

9 


130       The  Closed  Shop  in  American  Trade  Unions.     [560 

among  the   non-union   employees  the  work  of  unionizing 
goes  on. 

From  time  to  time  reports  of  progress  are  made  to  the 
local  union  or  district  council.  In  some  cases  it  may  be 
months  or  even  years  before  the  shop  is  sufficiently  organ- 
ized to  justify  any  open  action.  Finally,  when  enough 
members  have  been  obtained  to  promise  a  successful  issue, 
the  union  suddenly  reveals  to  the  employer  the  fact  that 
many  of  his  men  are  unionists  and  demands  that  he  make 
the  shop  a  closed  one.  If  he  complies,  the  non-unionists  are 
given  the  alternative  of  joining  the  union  or  seeking  other 
jobs.  Very  often  the  fact  that  he  has  been  secretly  ensnared 
incenses  the  employer,  and  the  union  has  to  strike.  Although 
the  employer  may  defeat  the  strike,  he  can  never  feel  sure 
that  union  men  are  not  again  at  work  in  his  shop  trying  to 
organize  it.  He  may  require  all  his  employees  to  sign  an 
"  iron-clad  "  agreement  not  to  affiliate  themselves  with  any 
labor  union  while  in  his  service,  but  he  knows  that  in  spite 
of  every  precaution  union  men  may  be  working  in  his  shop. 
There  is  a  wide-spread  feeling  among  the  unionists  that  it  is 
legitimate  in  industrial  warfare  to  conceal  the  fact  that  they 
are  unionists.  In  this  spirit  many  union  men  are  willing 
to  sign  an  "  iron-clad "  agreement,  although  they  never 
intend  to  keep  it. 

In  the  early  days  of  American  trade  unionism  working 
"  under  cover  "  was  a  much  more  common  practice  than  at 
present.  Formerly  the  unions  frequently  planned  by  this 
means  to  open  shops  to  unionists  rather  than  to  close  them 
to  non-unionists,  but  during  the  past  twenty  years  prac- 
tically all  such  movements  have  been  instituted  with  the  aim 
of  establishing  the  closed  shop.  Consequently  when  it  is 
found  impossible  to  gain  sufficient  recruits  in  an  anti-union 
shop  to  warrant  a  strike,  the  union  members  employed 
therein  are  required  to  seek  employment  elsewhere.^  Some 
unions  would  be  gratified  if  their  employers  could  be  led  to 
agree  to  maintain  open  shops.     A  very  large  part  of  the 

^Lithographers,  Constitution,  1901,  Constitution  of  Subordinate 
Associations,  Art.  IX,  Sec.  3. 


561]  Establishment  of  the  Closed  Shop.  131 

membership  of  the  Commercial  Telegraphers,  for  example, 
is  enrolled  on  a  "  secret  list." 

Local  unions  are  ordinarily  allowed  to  send  men  into 
anti-union  shops  when  they  see  fit,  but  in  a  few  unions, 
as  for  example  the  Lithographers  and  the  Plumbers,  the 
matter  is  regulated  by  national  rules.  In  a  few  unions  the 
plan  of  concealing  the  membership  of  unionists  has  even 
been  used  on  a  national  scale.  Thus,  in  1899  the  Flint  Glass 
Workers  undertook  to  unionize  the  trade  by  sending  mem- 
bers "  under  cover  "  into  all  non-union  plants.  Some  of  the 
factories  were  more  quickly  organized  than  others,  and  ar- 
rangements were  made  that  the  unions  should  withhold  their 
demands  until  all  the  factories  were  in  position  to  act.  On 
a  date  fixed  by  the  national  officers  the  proprietors  of  all 
the  factories  were  apprised  of  the  fact  that  the  union  had 
control  and  that  strikes  would  be  called  unless  it  was  recog- 
nized.^ In  1902  the  president  of  the  union  reported  that 
recourse  had  again  been  had  to  working  "  under  cover  "  in 
order  to  establish  the  closed  shop  in  the  factories  of  the 
United  States  Glass  Company.^ 

A  second  method  of  introducing  the  closed  shop  into  the 
establishments  of  anti-union  employers  is  to  make  conces- 
sions to  the  men  in  the  shop  in  order  to  induce  them  to  join 
the  union  in  a  body.  Such  concessions  may  take  the  form 
of  an  "  amnesty  "  for  past  offenses  against  the  union  or  a 
reduction  in  the  initiation  fee.  Under  an  "  amnesty  "  work- 
men are  admitted  to  a  union  "  without  regard  to  their  past 
record,"  and  without  their  being  subject  to  "fines,  pains  or 
penalties  "  which  have  been  imposed  upon  them.  On  cer- 
tain occasions  national  and  local  unions  have  proclaimed 
"general  amnesties"  to  all  "unfair"  men.  Thus  in  1868 
the  Printers  provided  for  a  "  general  amnesty "  for  three 
months.^  At  present,  however,  the  use  of  "  amnesties " 
is   more   restricted.     The   executive   council   of   the   Typo- 

*  Reports  of  President,  Secretary,  Treasurer  and  Organizer,  1899, 

Proceedings  of  the  Twenty-fourth  Convention,  1902,  p.  60. 
'  Barnett,  p.  308. 


132       The  Closed  Shop  in  American  Trade  Unions.      [562 

graphical  Union,  for  instance,  has  power  to  declare  an 
"amnesty"  only  within  the  jurisdiction  of  a  particular  local 
union.  Such  amnesties  are  rarely  declared  except  when  a 
local  union  is  about  to  make  an  attempt  to  unionize  an 
establishment. 

An  "amnesty"  is  an  inducement  to  join  only  to  "scabs" 
and  other  persons  who  have  incurred  the  displeasure  of  the 
union,  but  a  reduction  in  the  initiation  fee  is  an  inducement 
to  the  ordinary  non-unionist,  particularly  in  those  unions 
where  the  initiation  fee  is  high.  Among  the  Table  Knife 
Grinders,  the  Meat  Cutters  and  Butcher  Workmen,  and 
some  other  unions  it  is  not  uncommon  for  reductions  to  be 
made  in  the  initiation  fee  if  all  the  non-unionists  in  a  shop 
join  simultaneously.  In  1900  the  Table  Knife  Grinders 
voted  that  cards  be  granted  to  workmen  in  shops  "  in  a  body  " 
for  one  dollar  per  man  and  fifty  cents  per  boy.^  The  regu- 
lar initiation  fee  at  the  time  was  twenty-five  dollars. 

Ordinarily  an  "  amnesty  "  is  granted  to  all  the  men  in  a 
shop,  but  occasionally  some  "  scab"  may  be  so  objectionable 
to  the  union  that  he  will  be  excepted.  No  union  makes  con- 
cessions to  a  body  of  "  unfair "  men  with  the  intention 
merely  of  opening  the  shop  to  unionists.  If  a  minority  hold 
out  and  refuse  to  join  the  union,  or  if  some  are  excepted 
from  the  amnesty,  such  workmen  will  be  required  to  seek 
employment  elsewhere.  The  policy  of  the  unions  is  similar 
where  a  reduction  in  initiation  fees  is  offered  to  the  men  in 
a  shop.  If  the  latter  do  not  accept  the  union's  proposition 
"  in  a  body  "  or  by  a  substantial  majority,  the  terms  are  with- 
drawn. The  reduction  in  the  fee  is  the  price  which  the 
union  pays  for  a  closed  shop.  Usually  financial  concessions 
are  not  made  to  the  employees  unless  the  shop  is  an  impor- 
tant one.  Small  non-union  shops  are  not  considered  dan- 
gerous to  the  welfare  of  the  union  except  in  trades  where 
the  small  shop  is  the  prevailing  type  of  business  unit.  Weak 
unions  are  more  likely  than  strong  ones  to  make  concessions 
to  non-members,  since  they  cannot  so  easily  bring  pressure 
to  bear  on  workmen  to  join. 

^  Report  of  the  Fifteenth  Convention,  ipco,  p.  14. 


563]  Establishment  of  the  Closed  Shop.  133 

So  far  we  have  considered  the  establishment  of  the  closed 
shop  as  brought  about  by  organizing  the  workmen  in  a 
shop.  There  is  also  another  way  of  securing  the  closed 
shop ;  that  is,  by  inducing  the  employer  to  unionize  his  shop. 
In  many  cases  employers  have  signed  closed-shop  agree- 
ments when  there  was  not  a  single  union  man  at  work  in 
their  shop.  All  unions  of  any  importance  maintain  a  corps 
of  business  agents  and  organizers  one  of  whose  chief  duties 
is  to  persuade  employers  that  it  is  advantageous  to  run 
union  shops.  Local  business  agents  of  the  unions,  in  par- 
ticular, are  supposed  to  be  constantly  on  the  alert  to  secure 
the  "  signatures  of  employers  to  contracts  and  agreements 
where  such  exist  and  have  not  been  signed  by  all  said  em- 
ployers and  ...  to  endeavor  to  unionize  all  shops  not  thor- 
oughly unionized."^  Special  committees  are  also  frequently 
appointed  to  treat  with  an  employer  concerning  the  estab- 
lishment of  the  closed  shop. 

The  unions  of  the  building  trades,  perhaps,  have  made  the 
most  frequent  use  of  this  method.  In  many  industries  work- 
men remain  with  one  employer  for  months  or  even  years. 
While  there  are  some  who  work  in  the  shop  only  for  a  brief 
period,  the  personnel  of  the  shop  changes  very  little  during 
the  period  in  which  a  union  can  expect  to  unionize  it.  In 
the  building  trades,  on  the  contrary,  the  changes  in  the  per- 
sonnel of  the  shop  are  very  rapid.  While  most  contractors 
employ  certain  workmen  steadily  as  far  as  possible,  it  is 
rarely  the  case  that  the  "  gang  "  working  for  a  contractor 
on  one  building  will  be  the  same  as  that  on  another  building 
constructed  immediately  thereafter.  A  job  in  the  building 
trades  must  be  union  when  it  begins,  or  it  is  not  likely  to  be 
union  at  all.  Consequently  the  building  trades  unions  often 
go  to  a  contractor  to  whom  work  has  been  let  and  ask  that 
he  conduct  the  job  on  the  closed-shop  plan. 

To  aid  them  in  securing  the  immediate  recognition  of 
their  demands  from  contractors  the  unions  urge  prospective 
builders  to  insert  in  their  specifications  a  clause  requiring 

^  Meat  Cutters  and  Butcher  Workmen,  Constitution,  1900,  Consti- 
tution and  By-Laws  for  the  Government  of  Local  Unions,  Sec  10. 


134       ^^^  Closed  Shop  in  American  Trade  Unions.     [564 

bidders  to  agree  to  hire  only  union  labor  in  case  contracts 
are  awarded  them.^  If  a  building  is  to  be  erected  for  busi- 
ness purposes,  threats  are  often  made  that  a  boycott  will  be 
declared  against  the  owner  unless  he  gives  the  work  to  a 
union  contractor.  By  political  influence  the  building  trades 
unions  have  also  frequently  succeeded  in  getting  city  coun- 
cils and  school  boards  to  provide  that  union  men  only  shall 
be  given  employment  in  the  construction  or  repair  Of  mu- 
nicipal buildings.^  All  unions  make  strong  efforts  to  secure 
the  exclusive  employment  of  union  men  in  a  new  mill  or 
factory.  The  Amalgamated  Window  Glass  Workers,  for 
example,  for  some  time  have  made  provision  that  no  mem- 
ber shall  go  to  work  in  a  factory  until  the  proprietor  has 
signed   an  agreement.^ 

While  the  majority  of  closed  shops  are  established  on  the 
initiative  of  the  union,  it  sometimes  happens  that  employers 
of  their  own  accord  decide  to  hire  union  men  exclusively 
and  notify  the  union  and  their  employees  to  that  effect. 
The  employer  may  be  a  union  sympathizer,  or  he  may  con- 
sider it  advisable  from  a  business  standpoint  to  run  a  union 
shop.  Many  employers  who  have  formerly  been  union  men 
are  heartily  in  sympathy  with  the  unions.  On  the  other 
hand,  other  employers  are  led  to  establish  closed  shops  by 
business  considerations,  as  for  example  the  desirability  of 
using  the  label.  Certain  employers  have  petitioned  again 
and  again  that  their  factories  be  taken  over  by  a  union  so 
that  they  may  be  awarded  the  use  of  its  label.*  Such  occur- 
rences lead  the  unions  to  believe  that  the  label  is  the  "  most 
potent  weapon  .  .  .  to-day  for  securing  the  closed  shop."' 

^  The  Carpenter,  May,  1898,  p.  6. 

*  Official  Journal  of  the  Brotherhood  of  Painters,  Decorators  and 
Paperhangers  of  America,  December,  1900,  p.  6;  The  Carpenter, 
February,  1900,  p.  10;  Painters'  Journal,  August,  1899,  p.  4. 
Similarly,  city  councils  have  provided  for  the  exclusive  employment 
of  union  men  as  teamsters,  steam  engineers,  and  street  cleaners. 

» By-Laws,  1904,  Art.  I,  Sec.  9. 

*  United  Garment  Workers,  The  Weekly  Bulletin,  September  9, 
1903.  P-  4-  The  use  of  the  label  is  sometimes  withheld  from  shops 
because  of  improper  sanitary  conditions,  and  so  on,  and  not  merely 
because  they  do  not  employ  all  union  men. 

'  Furriers'  Journal,  April,  1908,  pp.  13-14. 


565]  Establishment  of  the  Closed  Shop.  135 

Open-shop  employers  also  recognize  that  in  some  industries 
the  label  is  "  the  key  locking  the  door  of  the  closed  shop."^ 

Members  of  certain  employers'  associations  which  have 
closed-shop  agreements  with  the  unions  are  required  to 
maintain  closed  shops  under  penalty  of  expulsion.  If  a 
non-union  or  open-shop  employer  joins  such  an  association, 
he  is  compelled  to  see  that  all  of  his  work  people  join  the 
proper  union. ^  Local  employers'  associations  which  have 
entered  into  "  exclusive "  agreements  with  trade  unions 
require  all  their  members  to  run  closed  shops. ^  Some 
agreements  for  the  closed  shop  have  also  been  made  by  dis- 
trict and  national  associations  of  employers,  in  which  the 
unions  did  not  in  return  agree  to  work  only  for  the  mem- 
bers of  the  association.  Notable  examples  of  such  agree- 
ments have  been  those  between  the  Longshoremen  and  the 
vessel  owners'  associations  of  the  Great  Lakes  prior  to  1909 
and  the  agreement  between  the  Coopers  and  the  Machine 
Cooperage  Employers'  Association  in  1905.*  The  greater 
part  of  the  agreements  made  between  trade  unions  and  na- 
tional, district,  or  local  employers'  associations  have  not 
specified  that  the  closed  shop  shall  prevail  in  all  establish- 
ments represented  in  the  associations.  Thus,  in  the  agree- 
ments made  by  the  Iron  Molders  with  the  Stove  Founders' 
National  Defence  Association  it  was  provided  for  many 
years  that  employers  who  were  running  union  shops  at  the 
time  the  agreements  were  signed  should  continue  to  do  so, 
but  that  proprietors  of  open  and  non-union  foundries  were 
not  to  be  required  to  run  closed  shops.^ 

"  Closed-shop  movements  "  are  usually  undertaken  by  the 
unions  during  prosperous  seasons,  or  in  years  when  the  de- 
mand for  men  is  active.  At  such  times  the  union  can  read- 
ily place  in  employment  any  men  who  are  thrown  out  of 
work  by  strikes  to  unionize  non-union  plants.     The  unions 

*  The  Open  Shop,  September,  1905,  p.  416. 

*  Carpenters  and  Builders'  Association  of  Chicago,  Constitution 
and  By-Laws  and  Membership  List,  1897,  By-Laws,  Sec.  23. 

» See  p.  61. 

*  The  Elevator  Constructor,  February,  1905,  p.  16. 
» Iron  Molders'  Journal,  May,  1900,  p.  i. 


136       The  Closed  Shop  in  American  Trade  Unions.     [566 

at  such  times  are  quick  to  demand  the  closed  shop  as  soon 
as  they  have  a  few  men  in  a  plant.  In  less  prosperous  sea- 
sons the  unions  are  far  less  active  and  much  slower  in  calling 
strikes  to  establish  the  union  shop,  since  the  men  thus  thrown 
out  of  work  are  a  burden  to  the  union.  If  the  situation 
becomes  very  bad,  not  only  will  union  members  be  allowed 
to  work  under  open-shop  conditions  but  they  may  even  be 
sent  into  anti-union  shops  "  under  cover  "  to  work  for  non- 
union wages. 


i 


CHAPTER  VIL 
The  Mechanism  of  Closed-Shop  Enforcement. 

Two  different  methods  of  enforcing  the  closed  shop  after 
it  has  been  established  have  been  developed  by  the  American 
trade  unions.  They  are  known  respectively  as  the  "  card 
system  "  and  the  "  check-off  system."  The  former  is  much 
the  older  and  more  widely  used  of  the  two,  and  it  will  be 
considered  first.  In  the  final  part  of  this  chapter  the 
methods  used  by  trade  unions  to  control  the  employment  of 
their  members  in  non-union  shops  will  be  briefly  discussed. 

The  card  system. — In  1807  a  proposal  was  made  in  the 
Philadelphia  Typographical  Society  that  membership  cards 
be  issued  to  affiliated  journeymen.^  This  was  probably  the 
first  occasion  on  which  the  use  of  union  cards  was  suggested 
in  America.  The  resolution  was  defeated,  but  not  long 
afterwards  many  of  the  local  typographical  societies  began 
to  issue  cards  to  members  who  wished  to  travel.  This  was 
done  because  all  of  the  societies  strongly  objected  to  work- 
ing with  "  strange  "  journeymen.  In  local  unions  in  other 
trades,  membership  cards  were  first  adopted  chiefly  for  local 
use,  and  were  first  used  in  the  larger  cities  where  it  was 
impracticable  for  each  journeyman  to  be  acquainted  with  all 
his  fellow-members.  By  about  1840  the  membership  card 
had  come  into  general  use. 

Since  1890  the  membership  card  has  been  largely  super- 
seded for  local  use  by  the  "  working  card,"  which  differs 
from  the  membership  card  in  that  it  is  periodically  renewed 
on  the  payment  of  dues.^  Various  names  are  given  to  the 
"  working  card "  in  different  unions,  such  for  example  as 
"  due  book,"  "  due  card,"  "  pass  card,"  and  "  register  check." 
In  addition  to  the  working  cards  of  single  unions  two  other 

^  Barnett,  p.  284,  n. 

*The  working  card  was  first  used  by  the  Typographical  Union  as 
early  as  i860  (Ibid.,  p.  295,  n.). 

137 


138       The  Closed  Shop  in  American  Trade  Unions.     [568 

kinds  are  in  use.  The  "  interchangeable  working  card  "  is 
issued  by  two  unions  which  claim  jurisdiction  over  the  same 
work.  The  "  allied  trades  card  "  is  issued  by  combinations 
of  unions  which  together  enforce  a  joint  closed  shop.  At 
least  as  early  as  1892  the  allied  trades  card  was  in  use 
among  local  building  trades  councils.^ 

There  is  general  similarity  in  form  among  all  working 
cards.  Upon  them  are  inscribed  the  name  of  the  issuing 
union,  the  name  of  the  member  to  whom  the  card  is  granted, 
and  the  length  of  time  for  which  the  card  is  to  run.  The 
signature  of  a  union  official  and,  in  many  cases,  the  seal  of 
the  union  are  also  attached.  Cards  are  usually  issued  quar- 
terly, though  some  unions  have  monthly  cards,  while  others 
have  semi-annual  or  annual  cards.  In  many  unions,  as  for 
example  the  Plumbers,^  the  color  of  the  card  is  changed 
each  month  or  quarter.  The  due  book  or  due  card  is  a 
form  of  the  working  card  designed  to  save  the  expense  of 
issuing  new  cards  periodically,  and  also  to  afford  an  account- 
ing check  on  the  financial  officers  of  local  unions.  When 
dues  are  paid,  a  stamp  resembling  in  appearance  an  ordinary 
postage  stamp  is  affixed  in  a  designated  space  in  the  book 
or  on  the  card.^ 

The  financial  secretaries  of  local  unions  usually  issue 
working  cards  to  members  on  the  last  meeting  night  in  the 
month  or  quarter.  Occasionally  cards  will  be  given  to  a 
person  who  is  in  arrears  for  dues,*  but  as  a  rule  they  are 
not  issued  to  any  one  until  all  his  dues,  fines,  and  assess- 
ments have  been  paid.  When  members  are  admitted  to  the 
union,  they  are  given  working  cards  immediately.  Some- 
times they  are  allowed  to  pay  their  initiation  fees  and  ad- 
vance dues  in  installments.  Interchangeable  working  cards 
are  obtainable  only  upon  payment  of  dues  in  the  proper 
union.     The  allied  trades  card,  as  already  noted,  cannot  be 

^  The  Painter,  February,  1892,  p.  4. 

^  Constitution,  1897,  Art.  VIII,  Sec.  2. 

'  Brewery  Workmen,  Constitution,  1903,  Art.  XIII,  Sees,  i,  2. 

*  This  is  done  frequently  during  dull  seasons.  See  Flint  Glass 
Workers,  Proceedings  of  the  First  Biennial  and  the  Twenty-third 
Convention,  1901,  p.  58. 


569]      Mechanism  of  Closed-Shop  Enforcement.  139 

secured  until  a  workman  obtains  a  membership  or  working 
card  in  the  union  of  his  trade. ^  All  unions  forbid  members 
to  lend  or  alter  working  cards  with  intent  to  defraud.  Cer- 
tain restrictions  are  also  imposed  upon  the  granting  of  cer- 
tificates to  replace  cards  reported  as  lost  or  stolen. 

Instead  of  a  working  card,  the  Marine  Engineers,  the 
Hotel  and  Restaurant  Employes  and  Bartenders,  the  Street 
and  Electric  Railway  Employes,  and  the  Shingle  Weavers 
use  a  button,  which  is  displayed  on  the  coat  or  cap.  Local 
unions  of  the  Teamsters  also  have  frequently  used  buttons. 
The  United  Mine  Workers  in  1902  adopted  a  "  working  but- 
ton "  in  certain  districts  where  the  operators  had  forbidden 
the  union  to  examine  working  cards  upon  their  premises. 
At  one  time  the  Denver-  and  Philadelphia^  building  trades 
councils  issued  both  a  card  and  a  button.  A  proposal  to 
substitute  a  button  for  the  working  card  was  defeated  at  the 
convention  of  the  Iron,  Steel  and  Tin  Workers  in  1905.* 
Working  buttons,  like  working  cards,  are  issued  monthly, 
as  in  the  case  of  the  Shingle  Weavers ;  quarterly,  as  in  the 
case  of  the  United  Mine  Workers ;  or  yearly,  as  is  done  by 
the  Marine  Engineers."  The  Mine  Workers  distinguish  the 
different  quarters  of  the  year  by  different  numbers  and  dif- 
ferent colors  on  the  buttons.  The  color  or  size  of  the  but- 
ton may  also  be  varied  to  indicate  to  what  branch  of  a  union 
a  member  belongs.  This  is  done  by  the  Hotel  and  Restau- 
rant Employes  and  Bartenders.® 

The  button  is  defective  as  a  device  of  identification  since 
it  does  not  contain  the  owner's  name.  If  it  falls  into  the 
hands  of  a  non-union  man,  he  can  therefore  pass  himself 
off  as  a  unionist  more  easily  than  with  a  union  card.  The 
chief  advantage  of  the  button,  from  the  union  point  of  view, 
is  that  it  is  a  more  patent  mark  of  identification.     A  non- 

*  See  p.  100. 

*  The  Labor  Compendium,  August,  1905,  p.  10. 
» Ibid.,  December,  1905,  p.  3. 

*  Journal  of  the  Thirtieth  Annual  Session,  1905,  p.  7439. 

'The  Marine  Engineers  require  dues  to  be  paid  in  advance  for 
the  entire  year  before  the  button  is  issued. 
•Constitution,  1901,  Art.  XIII,  Sec.  2. 


140       The  Closed  Shop  in  American  Trade  Unions.     [570 

unionist,  without  a  button,  is  very  conspicuous  in  a  shop 
under  union  control,  and  there  is  no  chance  of  his  being 
overlooked.  Besides,  in  some  unions  like  the  Hotel  and 
Restaurant  Employes  and  Bartenders  the  button  serves 
partly  as  a  label  to  indicate  to  customers  that  union  labor  is 
employed.  In  the  same  way,  also,  it  enables  persons  friendly 
to  a  union  to  discriminate  against  non-members.  Union 
teamsters  will  at  once  give  the  right  of  way  to  a  street-car 
motorman  with  a  union  button  on  his  cap,  but  they  will  delay 
as  much  as  possible  if  the  motorman  wears  no  button.  In 
cities  like  Chicago  where  traffic  is  congested  effective  block- 
ades can  be  established  very  quickly  without  appearing 
intentional. 

Besides  requiring  that  their  members  shall  carry  a  card 
or  a  button  to  distinguish  them  from  non-unionists,  the 
unions  provide  for  the  inspection  of  cards  and  buttons.  In 
practically  all  of  the  older  closed-shop  unions  it  was  origi- 
nally the  duty  of  each  member  to  ascertain  for  himself 
whether  his  fellow-workmen  were  unionists.^  As  long  as 
shops  employed  a  small  number  of  men  this  was  not  an 
insuperable  task,  but  with  the  increase  in  the  number  of 
employees  in  the  shop  this  method  of  inspection  in  most 
unions  has  become  impracticable. 

In  two  national  unions,  the  Seamen^  and  the  Musicians, 
members  are  still  required  to  ascertain  whether  their  fellow- 
workmen  are  unionists  in  good  standing.  The  local  secre- 
taries of  the  Seamen  ordinarily  know  whether  there  will  be 
non-union  men  in  the  crew  of  a  vessel  on  which  it  is  pro- 
posed to  ship  union  members.  The  burden  on  members  is 
thus  somewhat  lightened.  The  Musicians  make  one  excep- 
tion to  their  rule.  Local  leaders  of  theatre  orchestras  are 
required  to  ask  for  the  cards  of  travelling  members  per- 
forming at  theatres.^     The  Hatters  have   a  rule  of  long 

^  Massilon  Miners'  Association,  Constitution,  1864,  p.  9,  Sec.  28. 
See  also  rules  of  the  Boston  Journeymen  Bootmakers  of  1840  in 
Commonwealth  v.  Hunt,  Thatcher's  Criminal  Cases,  609. 

'  Lake  Seamen,  Constitution,  1907,  By-Laws,  Sec.   15. 

s  Constitution,  1908,  By-Laws,  Art.  VI,  Sec.  19,  B.  In  his  report 
for  1908-1909  the  secretary  of  the  Musicians  complained  that  the 


57i]      Mechanism  of  Closed-Shop  Enforcement.  141 

standing  that  a  union  journeyman,  before  introducing  to  an 
employer  a  hatter  who  appHes  for  work,  must  examine  his 
register  check  or  travelHng  card.^  A  few  other  unions,  such 
as  the  Barbers,  place  the  responsibility  for  the  inspection  of 
cards  or  buttons  in  the  smaller  shops  upon  all  union  mem- 
bers at  work  there. 

Most  unions,  however,  have  delegated  the  duty  of  card 
inspection  to  a  shop  officer,  known  usually  as  the  "  shop 
steward,"  or  to  a  "shop  committee."^  In  the  larger  cities 
many  unions  employ  a  business  agent,  "  walking  delegate," 
or  "patrolman,"  one  of  whose  duties  is  to  discover  any  non- 
union men  at  work  in  his  district.  In  some  cases  the  busi- 
ness agent  takes  over  all  the  work  of  card  inspection  from 
the  shop  stewards  or  committees,  but  more  often  he  acts  in 
conjunction  with  them.  In  those  districts  of  the  United 
Mine  Workers  in  which  cards  are  used  they  are  inspected 
by  the  "  checkweighman."^  Allied  trades  councils  often 
employ  a  business  agent,  one  of  whose  duties  it  is  to  inspect 
or  to  supervise  the  inspection  of  the  allied  trades  working 
cards. 

examination  given  to  cards  of  travelling  musicians  was  often  of  the 
"  flimsiest  character." 

'National  Trade  Association  of  Hat  Finishers  of  the  United 
States  of  America,  Constitution,  1863,  Art.  IX.  When  a  hatter 
applies  for  work  in  a  union  factory,  he  is  not  allowed  to  go  to  the 
foreman  or  employer.  He  must  hand  his  travelling  card  or  register 
check  to  one  of  the  journeymen  in  the  shop.  The  latter  then  pre- 
sents the  card  to  the  employer  with  the  remark,  "  Journeyman  on 
turn."  This  means  that  the  owner  of  the  card  is  seeking  employ- 
ment. The  employer  may  then  "  shop,"  that  is,  hire,  the  applicant  or 
not  as  he  sees  fit. 

•  The  steward  has  different  names  in  different  unions.  Some  of 
these  are  "  local  delegate,"  "  shop  delegate,"  "  ship's  delegate,"  "  shop 
collector,"  "  shop  secretary,"  "  shop  monitor,"  "  card  man,"  "  chapel 
chairman,"  "job  steward,"  and  "preceptor."  The  committee  is 
variously  known  as  the  "lodge,"  "shop,"  "mill,"  or  "pit  committee." 

Shop  stewards  and  committees  are  elected  in  some  cases  by  the 
members  at  work  in  the  shop  and  in  others  by  the  local  union.  In  the 
building  trades  the  first  man  to  go  on  a  job  is  usually  required  to 
act  temporarily  as  the  steward.  Some  unions,  as  for  example  the 
Bricklayers  and  Masons,  provide  that  when  members  go  to  work  on 
a  job  and  find  that  it  has  no  steward,  they  shall  prefer  charges 
against  the  members  hitherto  employed  there. 

» The  checkweighman  is  a  miner  in  the  pay  of  the  union  who 
stands  at  the  pit  entrance  and  sees  that  coal  is  properly  weighed 
and  credited. 


142       The  Closed  Shop  in  American  Trade  Unions.      \_S72 

When  new  employees  come  to  work  in  a  closed  shop,  the 
steward  or  a  member  of  the  shop  committee,  as  the  case  may 
be,  asks  to  see  their  cards.  This  request  is  made  either 
immediately  after  their  employment  begins  or  within  a  very 
short  time.  An  examination  of  the  cards  or  buttons  of  all 
the  men  in  the  shop  is  also  made  at  stated  intervals,  the 
first  working-day  of  each  month  or  quarter  being  the  day 
generally  selected.^  In  those  unions  where  the  steward  is 
also  a  collector  of  dues  he  makes  his  rounds  on  pay  days. 
Closed-shop  agreements  often  specify  that  the  authorized 
officers  of  a  union  while  inspecting  cards  shall  not  be  inter- 
fered with  by  the  employer. ^  Union  members  who  refuse 
to  exhibit  their  cards  or  fail  to  show  proper  respect  to  the 
steward  or  committee  while  performing  this  duty  are  gen- 
erally subject  to  a  fine.^  A  steward,  business  agent,  or  com- 
mittee that  fails  to  obey  the  rules  regulating  card  inspection 
is  subject  to  a  similar  penalty.*  When  a  card  or  button  has 
been  passed  as  valid,  it  is  in  nearly  all  unions  restored  to 
the  owner,  who  is  expected  to  carry  it  at  all  times.  In  the 
Hatters,  however,  as  soon  as  a  union  journeyman  is 
"  shopped  "  he  must  deposit  his  register  check  with  the  shop 
steward.^  The  United  Mine  Workers  also  have  a  rule  in 
some  of  the  bituminous  coal  fields  that  members  shall  leave 
their  cards  in  the  possession  of  the  checkweighman.®  The 
cards  are  returned  when  their  owners  wish  to  obtain  em- 
ployment elsewhere. 

There  is  at  least  one  instance  in  the  early  days  of  Amer- 
ican trade  unionism  of  the  performance  of  the  combined 

^  In  the  anthracite  coal  mines  controlled  by  the  Mine  Workers 
this  day  is  known  as  "  button  day."  In  some  unions,  like  the 
Stereotypers  and  Electrotypers,  stewards  or  business  agents  may 
examine  the  cards  in  a  shop  whenever  they  see  fit. 

'Bricklayers  and  Masons,  Thirty-fifth  Annual  Report  of  President 
and  Secretary.  1900,  p.  4. 

^  Elevator  Constructors,  Local  Union  No.  2,  Constitution,  1905, 
Art.  XXIII,  Sec.  S- 

*  Bricklayers  and  Masons,  Forty-first  Annual  Report  of  President 
and  Secretary.  1906,  p.  2)7',  United  Garment  Workers,  Proceedings 
of  the  Ninth  Annual  Convention,  1900,  p.  7. 

'Journal  of  the  United  Hatters,  February,  1903,  p.  12. 

•  District  No.  8,  Constitution,  1903,  Art.  X,  Sec.  2. 


573]       Mechanism  of  Closed-Shop  Enforcement.  143 

duties  to  shop  steward  and  business  agent  by  a  committee. 
The  Philadelphia  Cordwainers  in  1806  appointed  a  "  tramp- 
ing committee  "  whose  business  it  was  to  "  watch  the  Jers 
[that  is,  journeymen]  that  they  did  not  scab  it.  They  were 
to  go  their  rounds  every  day  to  see  that  the  Jers  were  honest 
to  the  cause."  Service  on  the  committee  was  obhgatory, 
and  no  compensation  was  given  for  it.  It  soon  came  about, 
however,  that  "  the  body  thought  it  requisite  to  take  one 
man  instead  of  three  for  the  tramping  committee  and  they 
paid  him ;  they  took  one  Nelson  for  the  business."^  In  all 
likelihood  Nelson  was  the  first  American  "  walking  dele- 
gate." The  Pittsburgh  Cordwainers  in  181 5  also  had  "  tramp- 
ing Committees  ...  go  round  and  inspect  the  shops  .  .  . 
to  see  that  none  were  working  unlawfully."^  At  Hudson, 
New  York,  the  same  policy  was  pursued  by  the  Cordwainers 
in  1836.^  Again  on  March  3,  1856,  the  Cigar  Makers'  As- 
sociation of  Maryland  appointed  a  committee  of  five  "  to 
go  round  to  the  shops  to  see  if  any  of  the  cigar  makers  are 
working  against  the  rules  of  the  association."* 

The  earliest  use  in  any  trade  union  of  the  term  "  steward  " 
which  we  have  found  was  in  1837  in  the  Journeymen  Black 
and  White-Smiths'  Beneficial  Society  of  the  City  and  County 
of  Philadelphia.  This  organization  had  a  steward  in  each 
shop  whose  duty  it  was  to  investigate  and  report  on  the 
cases  of  workmen  who  applied  for  relief  out  of  the  general 
funds. °  There  is  no  evidence  that  they  were  instrumental 
in  enforcing  the  closed  shop,  but  in  1857  we  find  that  local 
unions  of  the  Stone  Cutters  had  "  shop  stewards  "  who  were 
employed  in  this  manner.® 

There  are  also  some  unions  which  impose  the  duty  of 
inspecting  working  cards  upon  the  employer  or  his  repre- 
sentatives.    The  most  important  organizations  in  this  group 

'  Commons  and  Gilmore,  Vol.  Ill,  pp.  75-76. 
» Ibid.,  Vol.  IV,  pp.  29,  34. 
*Ibid.,  p.  280. 
*  MS.  Minutes. 

» The  Black  and  White-Smiths'  Society  v.  Van  Dyke-,  2  Wharton's 
Pa.  Repts.,  309. 
« Monthly  Circular,  August,  1857,  p.  3. 


144       -^^^^  Closed  Shop  in  American  Trade  Unions.     [574 

are  the  Plumbers,  the  Horseshoers,  the  Musicians,  the  Ma- 
rine Engineers,  the  Printing  Pressmen,  and  the  Theatrical 
Stage  Employees.  The  first  three  unions  sometimes  make 
the  employer  responsible  for  employing  non-unionists  when 
unionists  are  available.^  If  he  hires  non-unionists  he  is 
fined.^  His  responsibility  ceases  when  union  men  have  been 
hired.  He  is  not  expected  to  see  that  they  keep  in  good 
standing.  In  "  one-man  shops  "  in  all  trades  the  employer 
is  required  to  ascertain  whether  his  "  extra  help  "  is  union, 
and  he  must  also  see  that  his  apprentices  or  helpers  hold 
cards  if  they  are  required  to  do  so.^ 

The  Printing  Pressmen  require  the  foreman  of  a  shop  to 
hire  none  but  union  men  when  they  are  available.*  He  must 
ask  applicants  for  work  whether  they  are  union  men,  and 
demand  to  see  their  cards.  For  violation  of  this  rule  the 
foreman  is  fined.  The  other  unions  of  the  printing  trades 
imitate  the  Pressmen  to  some  degree,  but  they  are  by  no 
means  so  severe  with  foremen  who  fail  in  their  duty.  The 
Marine  Engineers  provide  that  members  sailing  as  chief 
engineers  must  employ  "  brother  engineers  "  as  assistants  if 
possible.^  Foremen  in  some  unions  are  required  to  inspect 
cards,  even  after  the  men  have  been  hired.  As  noted  above, 
the  Musicians  authorize  local  leaders  of  theatre  orchestras 
to  call  for  the  cards  of  all  travelling  musicians  before  begin- 
ning an  engagement  with  them.^  The  Theatrical  Stage  Em- 
ployees provide  that  the  master  machinist  shall  demand  to 
see  the  cards  of  all  persons  coming  to  work  in  a  theatre  as 

^This  is  done  by  the  Plumbers  and  Horseshoers  only  when  the 
employer  is  a  member  of  an  association  with  which  an  "  exclusive  " 
agreement  has  been  signed. 

'  International  Horseshoers'  Monthly  Magazine,  January,  1908, 
p.  27;  Plumbers,  Gas  and  Steam  Fitters'  Official  Journal,  May,  1899, 
p.  13;  Musicians,  Local  Union  No.  161,  Washington,  D.  C,  Consti- 
tution, n.  d.,  Art.  XX,  Sec.  2. 

» Frequently  an  employer,  to  secure  himself  against  any  difficulty 
with  the  union,  voluntarily  examines  the  cards  of  all  applicants  for 
work.     See  Journal  of  the  United  Hatters,  December  i,  1898,  p.  2. 

*  Constitution,  1909,  By-Laws,  Art.  IV,  Sec.  I.  _    , 

'  Constitution,  1904,  Constitution  for  Subordinate  Associations, 
Art.  IX,  Sec.  3. 

*See  p.  140. 


575]       Mechanism  of  Closed-Shop  Enforcement.  145 

stage  employees.^  Local  unions  have  sometimes  required 
foremen  to  make  a  regular  examination  of  cards.  Thus  the 
Bricklayers'  Protective  Association  of  Philadelphia  in  1885 
made  it  "  the  duty  of  the  foreman  or  oldest  hand  on  each 
job  to  examine  the  cards  every  Tuesday  morning  of  the 
different  members  working  with  him  and  allow  no  member 
to  work  unless  he  is  in  good  standing."^  Most  unions,  how- 
ever, do  not  desire  to  trust  the  employer  or  a  foreman  with 
the  enforcement  of  union  regulations.^ 

Despite  the  elaborate  machinery  which  the  unions  have 
developed  for  this  purpose,  the  enforcement  of  the  closed 
shop  depends  largely  on  the  vigilance  of  individual  unionists. 
Foremen  and  employers  often  neglect  to  ask  for  an  appli- 
cant's card,  and  in  many  shops  stewards,  business  agents, 
and  shop  committees  become  careless  in  the  performance  of 
their  duties.  In  many  strong  unions  members  are  urged  to 
request  to  see  the  cards  of  their  fellow-employees  and  to 
display  their  own  cards  in  turn.*  As  soon  as  a  non-unionist 
is  discovered  at  work  in  a  closed  shop  the  fact  is  reported 
to  the  local  union.  He  is  asked  to  make  application  for 
union  membership  and,  perhaps,  to  deposit  with  the  union 
a  part  of  the  initiation  fee.°  If  he  does  as  requested,  the 
non-unionist  is  then  ordinarily  given  a  "  working-permit  "^ 
which  entitles  him  to  work  in  that  shop  or  in  any  other  union 
shop  until  his  application  for  membership  has  been  acted 
upon.    In  some  unions  the  permit  must  be  secured  from  the 

>  Constitution,   1898,  By-Laws,  Art.  I,  Sec.  8. 

*  Constitution,  By-Laws  and  Rules  of  Order,  1885,  By-Laws,  Art. 
VI,  Sec.  3. 

» In  1898  the  Potters  indefinitely  postponed  the  consideration  of  a 
resolution  which  provided  that  "  all  bench  bosses,  foremen  and  others 
in  authority  "  should  see  that  all  men  under  their  supervision  held 
union  cards  (Proceedings  of  the  Eighth  Annual  Convention,  1898, 
p.  32). 

*  The  Carpenter,  August,  1901,  p.  3;  Electrical  Workers,  Constitu- 
tion, 1905,  Art.  XXVI,  Sec.  15. 

'  Painters'  Journal,  June,  1893,  p.  2.  In  case  a  workman  does  not 
have  the  money  to  make  an  advance  payment,  practically  all  unions 
will  accept  an  order  on  the  employer  for  the  necessary  amount.  If 
his  application  for  admission  to  membership  is  refused,  whatever  he 
has  paid  is  refunded. 

•A  "writing"  is  the  term  used  by  the  Cloth  Hat  and  Cap  Makers. 

10 


146       The  Closed  Shop  in  American  Trade  Unions.      [576 

business  agent  before  employment  begins.^  Similarly,  when 
union  members  are  in  arrears  for  dues-  or  when  travelling 
members  do  not  have  their  cards,^  they  must  either  secure  a 
permit  or  make  a  deposit  with  the  union. 

When  non-unionists  refuse  to  apply  for  membership  in 
the  union  or  when  members  in  arrears  refuse  to  make  pay- 
ment, a  request  for  their  discharge  is  made  to  the  foreman 
or  to  the  employer.  Some  unions,  as  for  example  the  Spin- 
ners and  the  Tin  Plate  Workers,*  go  no  further  than  this, 
and  do  not  strike  if  the  employer  refuses.  If  the  employer 
has  signed  a  closed-shop  agreement  with  a  union,  less  diffi- 
culty is  ordinarily  experienced  in  securing  the  discharge. 
When  an  employer  has  given  a  bond  to  employ  union  men 
only,  he  is  still  less  inclined  to  deny  the  union's  request." 
The  strike,  however,  is  the  weapon  on  which  the  enforce- 
ment of  the  card  system  depends.  Some  unions,  as  for 
example  the  Pattern  Makers,  "  pull "  their  members  out  of  a 
shop  one  by  one  when  it  is  found  impossible  to  secure  the 
discharge  of  a  non-unionist.  In  the  building  trades  unions, 
on  the  other  hand,  business  agents  and  even  shop  stewards 
are  authorized  to  call  a  strike  immediately  if  a  non-union 
man  is  found  at  work  on  a  union  job.®  This  policy  is  partly 
due  to  the  transitory  nature  of  building  operations.  The 
great  mass  of  unions,  on  the  other  hand,  will  not  allow 
strikes  to  be  called  against  non-union  men  unless,  as  is 
required  in  other  strikes,  they  have  the  sanction  of  the  local 
or  national  union. 

iThe  International  Horseshoers'  Monthly  Magazine,  July,  1902, 
p.  18. 

The  Granite  Cutters'  Journal,  September,  1902,  p.  7. 

3  Iron  Molders'  Journal,  December,  1894,  p.  3. 

*  Proceedings  of  the  Fifth  Convention,  1903,  p.  299;  Proceedings 
of  the  Eighth  Convention,  1906,  pp.  536.  579. 

'  In  some  unions  such  bonds  are  frequently  given.  See,  for 
instance,  The  Painter,  August,  1889,  p.  i. 

« Bricklayers  and  Masons,  Proceedings  of  the  Twenty-fifth  Annual 
Convention,  1891,  p.  89;  New  York  Building  Trades  Council,  Con- 
stitution and  By-Laws,  1910,  Sec.  S7-  In  the  Stone  Cutters  the  shop 
steward  has  authority  to  "  rap  on  his  chisel "  and  call  an  immediate 
strike  against  a  non-union  man. 


577]      Mechanism  of  Closed-Shop  Enforcement.  147 

The  check-off  system..'^ — The  check-off  system  has  been 
used  almost  exckisively  in  the  two  industries  of  bituminous 
coal-mining  and  window  glass  manufacture.  From  the  union 
standpoint  the  check-off  system  works  with  much  less  fric- 
tion than  the  card  system.  The  latter,  as  has  been  indicated, 
involves  the  issue  of  cards  or  buttons,  their  inspection  by 
union  representatives,  appeals  to  employers  to  discharge 
workmen,  and  finally,  the  calling  of  strikes.  Under  the 
check-off  system  almost  the  entire  burden  of  enforcing  the 
closed  shop  is  thrown  upon  the  employer.  He  is  required 
to  deduct  dues,  fines,  and  assessments  from  the  wages  of 
his  men. 

In  the  bituminous  coal  fields  of  Ohio,  Indiana,  Illinois, 
Iowa,  Kansas,  Arkansas,  Missouri,  Texas,  Indian  Terri- 
tory, Wyoming,  and  Montana  the  United  Mine  Work- 
ers have  signed  numerous  agreements  with  mine  operators 
in  which  it  is  specified  that  the  latter  shall,  upon  receipt  of 
"  proper  individual  or  collective  continuous  order,"  deduct 
dues  and  other  assessments  which  the  union  authorizes.^  In 
some  agreements,  as  for  example  that  made  by  District  No. 
II  with  the  Indiana  Bituminous  Coal  Operators  for  1906- 
1908,  it  was  provided  that  deductions  shall  be  made  from 
the  wages  only  of  such  miners  or  mine  laborers  as  "  give 
their  consent  in  writing"  or  furnish  ''properly  signed  au- 
thority."^ As  such  an  arrangement  does  not  preclude  the 
open  shop,  the  Mine  Workers  endeavor,  wherever  possible, 
to  obtain  agreements  in  which  the  "  check-off  "  is  applied  to 
all  persons  in  a  mine  over  whom  the  union  claims  jurisdic- 

'  The  section  here  published,  relating  to  the  check-off  system  was 
published  substantially  in  its  present  form,  in  the  Johns  Hopkins 
Circular,  April,  1910.  In  the  Quarterly  Journal  of  Economics  for 
August,  191 1,  Mr.  F.  A.  King  has  an  interesting  account  of  the 
"  Check-Off  System  and  the  Closed  Shop  among  the  United  Mine 
Workers,"  which,  unfortunately,  appeared  too  late  to  be  of  service 
in  the  present  connection. 

2  State  Agreement  between  the  Illinois  Coal  Operators'  Association 
and  the  United  Mine  Workers  of  America,  District  No.  12,  190S-1910, 

P-  24-  .  .        .  ^     , 

'  Terre  Haute  Agreement  between  Indiana  Bitnmmous  Coal 
Operators  and  United  Mine  Workers  of  America,  District  No.  11, 
15K36-1908,  p.  20. 


148       The  Closed  Shop  in  American  Trade  Unions.     [578 

tion.  In  order  to  protect  the  operators  from  suits  by  indi- 
vidual miners  to  recover  the  amounts  deducted  from  their 
wages  the  union  agrees  to  furnish,  on  demand,  a  collective 
order  authorizing  deductions  to  be  made.^ 

In  some  agreements  certain  restrictions  are  placed  upon 
the  collection  of  fines  imposed  by  a  local  union.  Thus  the 
Illinois  State  Agreement  for  1908-1910  specifies  that  "  in 
case  a  fine  is  imposed,  the  propriety  of  which  is  questioned, 
the  amount  of  the  fine  shall  be  withheld  by  the  operator  until 
the  question  has  been  taken  up  for  adjustment  and  a  deci- 
sion has  been  reached."  Other  agreements  provide  that  no 
fine  shall  be  deducted  from  wages  unless  it  has  been  ordered 
by  a  two-thirds  vote  of  the  local  union.^  Exceptions  of  this 
kind  are  intended  to  prevent  the  operators  from  being  forced 
to  endorse  palpably  unfair  treatment  of  a  miner  by  the  local 
union.  The  agreement  of  District  5  for  1906-1908  exempts 
the  operators  from  making  deductions  for  initiation  fees 
"  unless  locally  agreed  between  the  Operators  and  Miners."^ 

In  some  districts  a  maximum  amount  of  "  check-off  "  is 
provided  for,  the  exact  amount  being  subject  to  local  adjust- 
ment.* The  agreements  usually  provide  also  that  before  the 
operator  pays  anything  to  the  union,  he  shall  have  the  right 
to  abstract  from  the  wages  of  all  employees  sums  due  him 
for  rent,  tools,  smithing,  powder,  and  so  forth.  He  is  also 
authorized  to  deduct  assessments  for  accident  and  death 
benefit  funds  and  the  money  due  from  each  man  toward  the 
salary  of  the  checkweighman.^     After  the  operator  has  made 

^Agreement  and  Scale  of  Wages  between  Operators  and  Miners, 
United  Mine  Workers  of  America,  District  21,  in  the  Bituminous 
Mines  of  Texas,  1906-1908,  Sec.  6. 

'  Official  Mining  Scale  of  Association  of  Pittsburgh  Vein  Operators 
of  Ohio  for  their  Mines  in  Belmont,  Harrison  and  Jefferson 
Counties,  Ohio,  and  the  United  Mine  Workers  of  America,  1904- 
1906,  Rule  9,  pp.  11-12. 

*  Pittsburgh  District  No.  5,  Pennsylvania,  Scales  and  Constitution, 
1906-1908,  p.  II. 

*  Agreement  between  the  Members  of  the  Iowa  Coal  Operators' 
Association  and  the  Members  of  District  No.  13,  United  Mine 
Workers  of  America,  1904-1906,  Resolution  No.  15,  p.  32. 

"Pittsburgh  District  No.  5,  Pennsylvania,  Scales  and  Constitution, 
1906-1908,  pp.  11-12. 


579]      Mechanism  of  Closed-Shop  Enforcement.  149 

the  deductions  from  wages,  he  is  required  to  send  to  the 
union  a  statement  "  showing  separately  the  amount  of  dues, 
assessments,  fines  and  initiations  collected  "  and  the  names 
of  those  employees  whose  dues,  and  so  on,  for  any  reason 
remain  uncollected.*  If  the  union  wishes,  he  must  also 
afford  it  the  means  of  ascertaining  the  correctness  of  his 
representations.^ 

The  early  "  rules  for  working "  of  the  Window  Glass 
Workers,  Local  Assembly  300,  Knights  of  Labor,  provided 
merely  that  manufacturers  whose  factories  were  organized 
should  "  deduct  money  from  members'  wages,  when  re- 
quested to  do  so  by  the  chief  preceptor."^  Certainly  as  early 
as  1899  provision  was  made  that  manufacturers  were  to 
deduct  from  the  earnings  "  of  all  members  "  a  specified  per- 
centage to  be  paid  to  the  organization  as  dues.*  A  statement 
was  also  to  be  furnished  by  them  showing  from  whom  such 
collections  had  been  made.  While  this  arrangement,  literally 
interpreted,  applied  only  to  members  of  Local  Assembly  300, 
in  reality  it  covered  all  the  workers  in  an  organized  estab- 
lishment, since  no  one  was  allowed  to  obtain  employment 
therein  without  a  "  clearance  card  "  issued  by  the  preceptor 
of  the  factory  where  he  had  last  worked.  To  obtain  such  a 
card  a  glass  worker  had  to  be  a  Knight  in  good  standing. 
The  "  rules  for  working  "  also  provided  that  if  any  employer 
overpaid  a  glass  worker  or  failed  "  to  deduct  and  forward  " 
the  amount  due  the  Assembly,  he  was  to  be  "  held  liable  for 
payment  of  the  same."  His  action  was  also  to  be  considered 
an  infraction  of  the  "  working  scale,"  and  members  of  the 
Assembly,  if  they  chose,  could  then  cease  work  without  giv- 
ing him  the  usual  seven  days'  notice.^ 

*  Joint  Interstate  Agreement  between  the  Southwestern  Interstate 
Coal  Operators'  Association  and  the  United  Mine  Workers  of 
America,  1904-1906,  p.  9. 

*  The  check-off  system  prevails  widelj'  in  the  coal-mining  unions  of 
southern  Wales.  It  is  also  found  among  the  unions  in  the  English 
manufactured  iron  trade  (Webb,  Industrial  Democracy,  p.  210). 

'  Scale  of  Wages  and  Rules  for  Working,  for  Blast  ending  June 
30,  1894. 

*  Ibid.,  for  Blast  ending  June  15,  1900,  Sec.  33. 
» Ibid., 


150       The  Closed  Shop  in  American  Trade  Unions.      [580 

In  1901  each  member  of  the  Assembly  was  required  before 
going  to  work  "  to  sign  and  place  on  file  with  each  manu- 
facturer "  an  agreement  authorizing  the  latter  to  deduct 
dues  and  so  on,  from  his  wages. ^  Finally,  in  1905,  it  was 
provided  that  all  window  glass  workers  accepting  employ- 
ment under  the  union  scale  must  "  agree  to  and  authorize 
the  manufacturer,  company,  firm  or  their  agents  to  deduct 
one  per  cent,  of  all  their  earnings,"  and  in  addition  "  waive 
all  legal  rights  to  recover  money  obtained  from  wages."  At 
each  factory  the  manager  or  his  representative  was  compelled 
to  acquaint  all  workmen  with  the  above  requirement  before 
giving  them  employment.  If  workmen  were  hired  who  re- 
fused to  assent  to  deduction  from  their  wages,  the  firm  or 
company  employing  them  was  required  to  pay  their  dues,  if 
need  be,  out  of  its  own  pocket.^  Similar  rules  are  in  force 
at  the  present  time,  but  have  been  largely  ineffective  since 
1905  owing  to  the  weakened  condition  of  the  Assembly. 

For  a  number  of  years  the  Amalgamated  Window  Glass 
Workers  of  America^  and  the  Window  Glass  Cutters  and 
Flatteners'  Association'*  have  also  required  employers  to 
deduct  the  dues  of  members  from  wages.  Their  rules  have 
been  very  similar  to  those  of  Local  Assembly  300.  No  one 
of  these  three  organizations,  it  may  be  noted,  has  ever  used 
the  term  "  check-off "  to  describe  its  method  of  collecting 
dues.  The  expression  originated  with  the  Mine  Workers, 
and  they  appear  to  be  the  only  union  using  it. 

In  a  few  other  trades  the  check-off  has  been  adopted  by 
local  unions.  In  Baltimore,  for  example,  certain  clothing 
manufacturers  have  been  accustomed  to  deduct  union  dues 
from  the  wages  of  employees  eligible  to  membership  in  the 

*  Scale  of  Wages  and  Rules  for  Working  for  Blast  ending  June 
30,  1901,  Sec.  35. 

*  Ibid.,  for  the  Blasf  of  1905  and  1906,  Sec.  28. 

*  Window  Glass  Workers'  Association  of  America,  Scale  of  Wages 
and  Rules  for  Working,  for  Blast  1902-1903,  Sec.  25.  In  1904  this 
union  became  the  "  Amalgamated  Window  Glass  Workers  of 
America." 

*  Scale  of  Wages  and  Rules  for  Working  for  Blast  of  1900-1901, 
Sec.  26.  See  also  Scales  for  1905-1906,  1906-1907,  and  February, 
1909-September,  1909. 


581]      Mechanism  of  Closed-Shop  Enforcement.  151 

United  Garment  Workers.  These  employers  are  anxious  to 
keep  their  shops  union  in  order  to  have  the  use  of  the  label, 
and  it  has  been  found  difficult  to  do  this  by  the  card  system, 
since  a  large  percentage  of  the  employees  are  women  who 
take  little  interest  in  union  matters.  In  1902  the  union  iron 
workers  at  Birmingham,  Alabama,  went  on  strike  to  compel 
the  employers  "  to  deduct  from  the  pay  of  the  men  their 
dues  and  hand  them  over  to  the  union  officials."^ 

The  limited  use  of  the  check-off  system  can  be  explained 
on  two  grounds.  First,  the  unions  desire  to  remain  as  self- 
reliant  as  possible,  and  it  seems  a  confession  of  weakness 
for  them  to  ask  employers  to  assist  in  collecting  dues.  It  is 
also  thought  that  if  a  union  comes  to  depend  on  employers 
for  keeping  up  its  organization  and  expects  them,  as  it  were, 
to  be  its  "  walking  delegates,"  the  interest  of  its  members  in 
union  affairs  will  gradually  diminish.  Consequently,  if  the 
employers  ever  determine  to  run  open  or  non-union  shops, 
the  union  will  be  less  able  to  defeat  the  movement.  Secondly, 
employers  are  ordinarily  disinclined  to  assist  actively  in  any 
plan  to  compel  their  employees  to  join  a  labor  organization.^ 
The  check-off  system  among  United  Mine  Workers  has, 
however,  not  been  opposed  in  most  of  the  districts  by  the 
operators.  Under  the  card  system  it  frequently  happened 
on  "  card  day "  that  workmen  who  held  important  posts 
about  a  mine  had  neglected  to  secure  a  card.  This  some- 
times necessitated  the  tying  up  of  a  whole  shaft.  Because 
of  such  difficulties  the  operators  felt  that  it  would  be  more 
economical  for  them  to  collect  dues  for  the  union. 

The  Mine  Workers  themselves  regard  the  check-off  sys- 
tem as  a  useful  arrangement.  In  a  union  composed  of  work- 
men of  so  many  nationalities  there  are  many  difficulties  in 

^  Bulletin  of  the  National  Metal  Trades  Association,  November, 
1902,  p.  iSi. 

*  "  Trade  unionism  demands  that  our  cashiers  .  .  .  collect  from  its 
members  in  our  employ  the  amount  due  the  unions  and  the  sum  thus 
collected  is  paid  into  their  treasury  to  further  encroach  upon  our 
business.  That  does  not  sound  a  bit  good,  does  it?"  (Address  of 
Mr.  James  W.  Van  Cleave  before  Citizens'  Industrial  Association  of 
America,  in  Proceedings  of  the  Second  Annual  Convention,  1904, 
P-  23). 


152       The  Closed  Shop  in  American  Trade  Unions.     [582 

the  working  of  the  card  system.  The  unions  in  the  window 
glass  industry  also  seem  to  have  been  well  satisfied  with  the 
plan  of  having  employers  deduct  dues.  But  at  present  there 
appears  to  be  little  desire  among  unions  to  substitute  the 
check-off  for  the  card  system. 

Union  supervision  over  non-union  shops. — Trade  unions 
not  only  endeavor  to  keep  non-union  men  from  working  in 
shops  under  union  control  but  they  also  take  measures  to 
keep  union  men  out  of  non-union  shops.  Business  agents, 
in  particular,  are  expected  to  discover  whether  union  mem- 
bers are  working  for  "  unfair "  or  non-union  employers. 
When  it  has  been  shown  that  a  member  is  guilty  of  such 
misconduct,  he  is  subject  to  fine,  suspension,  or  even  expul- 
sion, but  ordinarily  he  is  fined  for  the  first  offense.  If  he 
violates  the  rule  again,  the  fine  is  increased,  and  on  the  third 
offense  he  is  expelled.  Some  unions,  however,  will  "scab" 
a  member  the  first  time  he  works  in  a  non-union  shop.^ 
Often  a  union  is  forced  to  relax  its  rules  and  allow  mem- 
bers, under  certain  conditions,  to  work  for  a  non-union 
employer.  In  some  cases  a  mere  vote  of  the  union  declares 
certain  non-union  shops  "  open."  In  other  unions,  members 
must  personally  obtain  permission  from  a  local  union,  dis- 
trict council,^  or  the  national  union.^  When  they  have  ob- 
tained consent  to  work  in  non-union  shops,  they  are  often 
given  a  written  permit.*  This  serves  them  as  evidence  to 
rebut  any  charge  of  "  scabbing "  that  may  be  brought 
against  them.^ 

*  In  order  to  prevent  union  men  from  obtaining  employment 
inadvertently  in  non-union  or  "  scab  "  shops,  many  unions  publish  a 
list  of  such  establishments  in  their  journals. 

'  United  Mine  Workers,  District  No.   13,  Constitution,  1006,  Art. 
XII,  Sec.  7. 
»  Flint  Glass  Workers,  Constitution,  1909,  Art.  XXIII,  Sec.  3. 
Printing  Pressmen,  Constitution,  1903,  By-Laws,  Art.  I,  Sec.  5. 

•  Flint  Glass  Workers,  Proceedings  of  the  Twenty-fourth  Annual 
Convention,  1902,  pp.  53,  382,  386.  In  1898  the  Holders  provided  that 
members  working  in  non-union  or  open  shops  could  not  claim  or 
receive  financial  support  if  discharged  for  any  reason  unless 
"specifically  authorized"  by  the  union  "to  act  in  its  behalf"  (Con- 
stitution, 1898,  New  Decisions,  No.  31).  The  Typographical  Union 
will  not  recognize  a  strike  in  an  open  or  non-union  office. 


I 


CHAPTER   VIII. 
The  Closed  Shop  as  a  Trade-Union  Device. 

To  many  persons  the  closed  shop  seems  an  arbitrary  insti- 
tution which  could  well  be  abandoned  without  injury  to  the 
cause  of  organized  labor.  In  their  view  the  exclusion  of 
non-unionists  from  employment  is  for  no  ostensible  reason 
except  to  exercise  accidental  power  or  wantonly  to  deprive 
certain  workmen  of  a  livelihood.  The  friends  of  union 
labor  who  take  this  view  wish  to  see  the  open  shop  uni- 
versally established.  Under  the  open  shop  it  is  claimed  that 
both  union  and  non-union  men  would  receive  fair  treatment, 
as  discrimination  in  employment  would  not  exist.  Employ- 
ers, it  is  said,  would  not  try  to  abolish  collective  bargaining, 
since  they  are  not  only  ready  but  anxious  to  make  contracts 
with  the  "  proper  kind  "  of  unions.  Finally,  the  friends  of 
the  open  shop  declare  that  a  properly  conducted  union  can 
attract  non-unionists  to  itself  by  means  of  beneficial,  social, 
and  educational  features.  To  illustrate  how  well  labor 
organizations  can  succeed  without  discriminating  against 
non-members,  attention  has  usually  been  called  to  the  four 
great  railway  brotherhoods,  the  Locomotive  Engineers,  the 
Railway  Conductors,  the  Locomotive  Firemen  and  Engine- 
men,  and  the  Railroad  Trainmen.  These  organizations  are 
admittedly  strong  and  vigorous  beyond  the  majority  of 
American  trade  unions,  although  they  do  not  refuse  to  work 
with  non-unionists. 

In  answer  to  such  criticism  the  closed-shop  unions  have 
explained  at  some  length  their  motives  in  requiring  the  ex- 
clusive employment  of  union  members.  In  the  first  place, 
they  claim  that  the  closed  shop  is  necessary  to  enforce  dis- 
cipline over  union  members.  If  the  union  scale  and  the 
rules  are  to  be  enforced,  there  must  be  some  sufficient  pen- 

153 


154       ^^^^  Closed  Shop  in  American  Trade  Unions.     [584 

alty  attached  to  their  violation.  The  fear  of  exclusion  from 
employment  is  considered  the  "  best  possible  means "  of 
holding  members  "  to  fidelity  to  the  union. "^  There  is  no 
penalty  which  a  workman  fears  so  much  as  that  of  being 
deprived  of  his  employment  and  possibly  of  his  livelihood. 
This  is  the  punishment  administered  to  him  in  case  he  vio- 
lates union  rules  or  wage  scales  in  an  establishment  where 
the  closed  shop  is  enforced.  Neither  social  ostracism  nor 
loss  of  the  right  to  share  in  accumulated  union  funds  can 
compare  in  rigor  with  exclusion  from  a  trade. 

Moreover,  it  is  argued  that  unless  a  union  has  complete 
control  over  the  workmen  in  a  shop  it  cannot  prevent  non- 
unionists  from  rendering  its  rules  ineffective.  Particularly 
is  this  the  case  if  the  open  shop  involves  the  use  of  indi- 
vidual agreements.^  Non-union  men  are  then  not  restrained 
from  working  under  whatever  conditions  they  see  fit.  Al- 
though union  men  may  agree  among  themselves  to  work 
only  for  certain  wages,  non-unionists  often  prove  "  sub- 
servient "  enough  to  work  for  less.  The  employer  naturally 
favors  the  cheaper  men  and  will  endeavor  to  fill  his  shop 
with  them.  Accordingly  one  by  one  union  men  will  be  dis- 
charged when  non-unionists  can  be  secured.  The  open  shop, 
therefore,  "  means  only  an  open  door  through  which  to  turn 
the  union  man  out  and  bring  the  non-union  man  in  to  take 
his  place."^  "  Weak-kneed  "  union  men  who  do  not  wish  to 
lose  their  jobs  will  follow  the  example  of  the  non-unionists 
and  accept  reductions  in  their  wages.  In  a  short  while  the 
wage  scale  has  been  hopelessly  undermined.  "  The  result 
of  a  number  of  non-unionists  cutting  wages  or  the  price  of 
work  is  like  the  existence  in  a  community  of  healthy  people 

^At  the  trial  of  the  Boot  and  Shoemakers  of  Philadelphia  in  1806 
a  witness  stated  that  the  object  of  the  society  was  "to  support  the 
price  of  wages,"  and  that  "  the  scab  law  was  the  stimulus  to  the 
members  to  support  what  they  undertook ;  there  must  be  a  stimulus 
in  every  society  to  keep  the  members  to  their  common  engagements  " 
(The  Trial  of  the  Boot  and  Shoemakers  of  Philadelphia.  Taken 
by  Thomas  Lloyd.  Reprinted  in  Commons  and  Gilmore,  Vol.  Ill, 
p.  86). 

'  The  International  Woodcarver,  July,  1905,  p.  4, 

'  Darrow,  The  Open  Shop,  p.  26. 


585]         Closed  Shop  as  a  Trade-Union  Device.  155 

of  a  man  afflicted  by  a  contagious  disease."^  The  open  shop 
thus  compels  organized  workmen  to  give  way  to  the  un- 
organized.^ 

The  closed-shop  unions  also  claim  that  the  open  shop 
makes  collective  bargaining  to  a  large  extent  ineffective. 
Employers  in  trade  agreements  are  "  constantly  seeking  to 
extend  the  responsibility  of  trade  unions."  "To  meet  this 
responsibility  it  is  incumbent  upon  the  labor  organizations 
to  exercise  jurisdiction  over  all  the  men  employed  in  the 
same  shop,  over  all  those  working  at  a  given  trade  or  calling, 
otherwise  the  unions  will  be  powerless  to  enforce  any  con- 
tract."' A  bulletin  of  the  American  Federation  of  Labor 
sets  forth  that  "  the  agreement  ...  of  organized  labor  with 
employers  depends  for  its  success  not  only  upon  the  good 
will  of  the  union  and  the  employer  toward  each  other,  but 
that  neither  shall  be  subject  to  the  irresponsibility  or  lack 
of  intelligence  of  the  non-unionist  or  his  failure  to  act  in 
concert  with,  and  bear  the  equal  responsibility  of,  the  union- 
ists."* Only  when  the  closed  shop  is  enforced  are  all  work- 
men in  an  establishment  equally  responsible  for  the  ob- 
servance of  a  collective  contract  with  the  employer,  since 
all  are  then  parties  to  it  and  can  be  severely  disciplined  if 
they  violate  its  provisions.  Only  under  such  conditions  do 
the  unions  consider  that  collective  bargaining  becomes  "  com- 
plete, effective,  successful." 

One  point  which  the  unions  have  not  emphasized  is  the 
part  that  the  closed  shop  plays  in  excluding  from  the  trade 
persons  who  are  ineligible  to  union  membership.  The  ques- 
tion  is   often   asked,   however,  why   it   is   not  possible   for 

» Mitchell,  p.  281. 

*  Statements  like  the  following  are  easy  to  find  in  the  journals  of 
closed-shop  unions:  "The  open  shop  means  to  unionism  just  what 
slow  poison  means  to  the  human  system."  "  On  the  open  shop  ques- 
tion there  is  nothing  to  arbitrate.  Our  unions  cannot  consent  to 
arbitrate  a  question  that  involves  their  very  lives."  "  The  strongest 
argfument  against  the  open  shop  is,  that  if  the  employer  were  per- 
mitted to  hire  non-union  workmen,  the  union  workmen  would  soon 
be  displaced  and  union  standards  broken  down."  "'  An  establishment 
cannot  long  remain  .  .  .  part  union  and  part  non-union." 

'  The  Elevator  Constructor,  December,  1904,  p.  26. 

*  The  Granite  Cutters'  Journal,  November,  1903,  p.  5. 


156       The  Closed  Shop  in  American  Trade  Unions.     [586 

unions  to  discriminate  against  "  scabs "  and  inadmissible 
persons  and  still  make  no  objection  to  non-unionists  eligible 
for  membership  and  with  clear  records.  The  unions  some- 
times answer  that  union  men  in  a  shop  have  no  means  of 
ascertaining  whether  a  non-unionist  is  working  below  the 
established  rate.  This,  however,  is  not  a  valid  reason,  as 
uniform  scales  are  often  paid  in  open  shops.  The  one  reason 
why  the  unions  have  preferred  to  discriminate  against  all 
non-union  men  rather  than  against  certain  classes  of  non- 
unionists  has  been  the  constant  friction  with  the  employer 
involved  in  the  latter  method.  With  every  new  case  of  ex- 
clusion the  unions  were  compelled  to  explain  why  they  took 
such  action.  By  requiring  the  employer  to  recognize  the 
rule  that  none  but  union  members  should  be  hired  the  ex- 
clusion of  undesirable  persons  became  "  automatic,"  and 
each  case  of  discrimination  did  not  become  "  the  occasion  of 
a  new  difficulty."^ 

The  unions  also  claim  that  the  continued  presence  of  non- 
union men  in  a  shop  is  likely  to  make  for  a  completely  non- 
union shop.  A  prominent  spokesman  for  the  unions  recently 
said :  "  The  promotions,  the  easy  places,  the  favors,  all  fall 
to  the  non-union  workman,  whose  presence  and  whose  atti- 
tude is  ever  helpful  to  the  employer  and  a  menace  to  his  fel- 
low workman.  If  some  one  is  to  be  relieved  for  a  day,  if  a 
laborer  is  given  extra  work,  if  a  workman  is  specially  com- 
missioned for  an  important  duty,  and  if  some  one  is  to  be 
promoted  it  is  always  the  non-union  man.  This  is  his 
reward  for  minding  his  own  business.  .  .  .  Union  men  are 
much  like  other  men.  They  cannot  long  be  persuaded  to 
pay  dues,  to  make  sacrifices  for  their  organization,  when 
they  find  that  others  are  favored  or  promoted  over  them, 
or  receive  special  privileges  because  they  are  non-union 
men."^ 

That  many  open-shop  employers  have  discriminated 
against  union  men  cannot  be  denied.  Although  they  have 
usually  avoided  "victimizing"  them  openh  ,  yet  they  have 

'  Barnett,  p.  289. 

'  Darrow,  p.  27.  1 


587]         Closed  Shop  as  a  Trade-Union  Device.  157 

easily  found  pretexts  on  which  to  discharge  union  men,  espe- 
cially officers  and  "  agitators."  The  laws  passed  in  several 
States  and  by  Congress  against  the  discharge  of  workmen 
because  of  union  membership  have  been  for  the  most  part 
held  to  be  unconstitutional.^  The  only  effective  defense  that 
a  union  can  make  against  an  employer  who  discriminates 
against  its  members  is  to  discriminate  against  non-unionists.* 
In  certain  closed  shops  the  danger  that  the  employer  will 
gradually  eliminate  the  unionists  is  not  present.  In  these 
shops  all  workmen  of  a  certain  class  receive  uniform  pay, 
and  work  the  same  number  of  hours  under  identical  condi- 
tions. The  advocates  of  the  closed  shop  contend,  however, 
that  even  if  all  employees  are  paid  at  the  same  rate  and  no 
preference  is  shown  to  non-unionists,  there  would  still  be, 
in  most  trades,  a  disastrous  falling  off  in  union  membership 
in  such  shops.  Non-union  men  would  receive  all  the  advan- 
tages of  the  improvement  of  working  conditions  obtained  by 
the  union,  and  yet  contribute  nothing  to  the  support  of  the 
organization.  When  union  members  see  that  they  are  bear- 
ing burdens  from  which  the  non-unionists  escape,  they  will 
be  likely  to  drop  their  membership.^ 

That  this  does  not  always  occur  was  proved  by  the  suc- 

^  See,  for  example,  Adair  v.  United  States,  208  U.  S.  161. 

' "  From  the  economic  point  of  view  the  fewest  difficulties  are 
encountered  in  the  case  of  a  union  that  is  compelled  to  fight  for  the 
mere  right  to  exist.  When  employers  undertake  ...  to  discriminate 
constantly  against  union  men  .  .  .  the  organization  is  likely  to  dis- 
integrate unless  it  resists  the  employment  of  non-union  men.  ...  It 
is  hard  to  criticize  a  union  for  meeting  discrimination  with  dis- 
crimination"  (Bullock,  "The  Closed  Shop,"  in  Atlantic  Monthly, 
October,  1904,  p.  435). 

»  Bricklayers  and  Masons,  Thirty-eighth  Annual  Report  of  Presi- 
dent and  Secretary,  1903,  p.  432.  In  discussing  the  open-shop  agree- 
ment which  the  Printing  Pressmen  signed  with  the  Typothetae  in 
1904,  the  International  Bookbinder  (September,  1904,  p.  168)  offered 
the  following  comment :  "  We  cannot  see  the  benefit  that  would  be 
derived  by  allowing  employers  to  give  to  non-union  men  the  same 
wages  that  union  men  have  struggled  and  fought  so  hard  to  obtain. 
There  may  be  cases  where  non-union  men  may  join  the  organization 
if  their  wages  have  been  increased  thereby,  but  how  can  we  expect 
union  men  to  pay  their  dues  and  assessments  if  the  organization 
they  are  members  of  secures  increase  of  pay  for  men  who  are  not 
members,  and  in  most  cases  enemies  of  unionism,  and  will  not  under 
any  condition  join  the  union." 


158        The  Closed  Shop  in  American  Trade  Unions.      [588 

cess  of  the  open-shop  agreements  formerly  in  force  in  the 
coal-mining  and  stove-founding  industries.  Under  them  the 
unions  made  great  increase  in  membership.  This  result  was 
due  to  three  characteristics  of  these  agreements.  In  the 
first  place,  they  were  made  by  associations  of  employers  and 
not  by  individual  employers.  The  associations  promptly 
fined  any  member  who  violated  the  agreements,  as  they 
wished  to  keep  all  employers  on  the  "  same  competitive 
level."  Secondly,  the  agreement  covered  "  not  only  mem- 
bers of  the  union,  but  all  positions  of  the  same  grade, 
whether  filled  by  union  or  non-union  men."^  Finally,  pro- 
vision was  made  for  the  reference  of  "all  unsettled  com- 
plaints either  against  unionists  or  non-unionists  to  a  joint 
conference  of  the  officers  of  the  union  and  the  association." 
Arbitration  was  used  in  settling  "  all  matters  of  discrimina- 
tion as  well  as  matters  of  wages,  hours  and  rules  of  work, 
.  .  .  all  questions  of  hiring,  discharging  and  disciplining 
both  union  and  non-union  men."-  Thus  in  every  direction 
the  unions  were  guarded  against  discrimination. 

To  the  railway  unions  and  brotherhoods  also  there  is  little 
danger  in  the  open  shop.  Railroad  corporations  do  not 
bargain  individually  with  their  employees,  but  fix  a  uniform 
rate  for  all  workmen  of  a  certain  class.  All  the  conditions 
of  employment  apply  to  union  men  and  non-unionists  alike. 
The  only  exception  to  this  rule  is  found  in  the  case  of  certain 
railroads  in  the  South  which  pay  a  lower  scale  of  wages  to 
negro  than  to  white  firemen.  This  is  considered  a  serious 
menace  by  the  Locomotive  Firemen  and  Enginemen,  but 
they  have  as  yet  been  unable  to  secure  any  change.  The 
four  great  railway  brotherhoods  are  also  protected  by  the 
fact  that  the  handling  of  trains  is  a  highly  responsible  task 
which  cannot  be  undertaken  on  short  notice  by  untrained 
men.  The  union  garment  worker  in  an  open  shop  must  con- 
stantly meet  the  competition  of  the  unorganized  newly- 
arrived   immigrant,  but  there   is   little  danger   that   union 

^  Commons,  "  Causes  of  the  Union  Shop  Policy,"  in  Proceedings 
of  the  American  Economic  Association,  1905,  p.  146. 
*Ibid.,  p.  147. 


589]         Closed  Shop  as  a  Trade-Union  Device.  159 

train  crews,  no  matter  how  opposed  a  railroad  corporation 
may  become  to  labor  unions,  will  be  gradually  discharged 
to  make  way  for  "  independent "  workmen.^  In  all  highly 
skilled  trades  there  is  less  necessity  for  the  closed  shop  than 
there  is  in  those  demanding  less  skill. 

The  railroad  brotherhoods  find  it  possible  under  the  open 
shop  to  secure  a  large  membership  and  to  enforce  their  rules 
because  of  the  exceptional  value  of  their  beneficiary  fea- 
tures. These  organizations  issue  insurance  against  death 
and  disability  in  policies  of  $1,000  or  more.  The  Loco- 
motive Engineers,  in  fact,  will  issue  a  policy  for  as  much  as 
$4,500.^  In  the  closed  shop  unions  such  as  the  Carpenters, 
Cigar  jMakers,  Granite  Cutters  and  Tailors  death  benefits 
are  paid  only  in  amounts  varying  from  $25  to  $550.^  No 
disability  benefits  are  paid  whatever.  ^Members  of  these 
unions  can  secure  insurance  from  old  line  insurance  com- 
panies at  rates  but  slightly  in  advance  over  those  charged 
for  union  benefits,  but  railroad  work  is  so  highly  dangerous 
that  old  line  insurance  companies  exact  a  relatively  high 
premium  for  policies  issued  to  railway  employees.  So  well 
have  the  railroad  brotherhoods  managed  their  beneficiary 
systems  that  the  Locomotive  Firemen  and  Enginemen,  for 
instance,  are  able  to  grant  insurance  to  members  for  "  con- 
siderably less  than  one  half  of  company  rates."*  The  ad- 
vantage to  be  derived  from  affiliation  with  such  an  organiza- 
tion is  so  obvious  that  a  railroad  employee,  facing  daily  the 
possibility  of  accident,  is  anxious  to  obtain  membership. 
Again,  since  the  violation  of  brotherhood  rules  may  lead  to 
expulsion  from  membership  and  loss  of  the  right  to  partici- 
pate in  beneficiary  features,  members  of  the  organization 
are  seldom  in  need  of  other  discipline.  On  the  other  hand, 
in  those  unions  where  the  benefits  paid  possess  no  special 

'As  a  matter  of  fact,  on  most  of  the  important  railway  systems 
the  brotherhoods  have  in  their  membership  approximately  seventy- 
five  to  ninety-five  pe."  cent,  of  all  the  employees  eligible  to  member- 
ship, vj- 

*  Kennedy,  p      '■i'5 
'  Ibid.,  pp. 

*  Ibid.,  p. 


\ 


i6o       The  Closed  Shop  m  American  Trade  Unions.      [590 

attractiveness,  it  needs  something  more  than  the  mere  loss 
of  their  receipt  to  prevent  "scabbing"  and  other  infractions 
of  union  rules. 

The  Switchmen,  the  Maintenance-of-Way  Employees,  the 
Railroad  Telegraphers,  and  the  unions  whose  members  are 
employed  in  railway  shops  also  work  in  accordance  with 
general  orders  covering  both  union  and  non-union  men. 
The  first  three  organizations  pay  substantial  benefits  and 
thus  attract  a  large  part  of  the  men.  The  Boilermakers,  the 
Machinists,  the  Metal  Polishers,  the  Iron  Molders,  the  Pat- 
tern Makers,  and  other  metal  trades  unions,  however,  find 
that  the  open  shop  in  the  railroad  shops  works  to  their  de- 
cided disadvantage,  and  have  done  all  in  their  power  to 
unionize  the  shops. 

The  attitude  of  the  few  other  open-shop  unions  can  be 
easily  explained.  The  Masters,  Mates  and  Pilots  is  an 
organization  of  officers  which  has  as  its  chief  purposes  the 
payment  of  insurance  and  the  securing  of  legislation.  It  is 
not  a  trade  union  and  hence  has  no  need  of  the  closed  shop. 
The  National  Association  of  Steam  Engineers  is  an  educa- 
tional organization  which  has  "  nothing  to  do  with  the  ques- 
tion of  wages."  The  Steel  Plate  Transferers,  as  noted 
above, ^  can  scarcely  be  called  a  trade  union,  as  it  does  not 
attempt  to  regulate  wages.  The  Letter  Carriers  and  the 
two  associations  of  Post  Office  Clerks,  who  also  make  no 
demand  for  the  closed  shop,  are  all  under  the  classified  ser- 
vice of  the  Federal  Government,  and  their  wages,  hours,  and 
other  conditions  of  employment  are  regulated  by  Congress. 
There  is  no  possibility,  therefore,  that  wages  will  be  cut  by 
non-union  men,  or  that  preference  will  be  shown  them.  The 
associations  were  formed  chiefly  to  get  civil-service  em- 
ployees in  the  post-office  department  to  act  together  in  pre- 
senting petitions  to  Congress  through  the  postmaster  general. 

In  sharp  contrast  to  the  policy  of  the  Letter  Carriers  and 
the  Post  Office  Clerks,  the  printing  trades  unions  have  en- 
forced the  closed  shop  in  the  United  Si7~tes  Government 


*  See  p.  31. 


59i]         Closed  Shop  as  a  Trade-Union  Device.  i6l 

Printing  Office  and  in  the  Canadian  Printing  Bureau.  These 
unions  claim  that  through  the  closed  shop  petty  tyranny  on 
the  part  of  foremen  is  prevented.  It  is  to  be  noted  that  only 
a  small  part  of  the  members  are  in  government  employ.  The 
closed  shop  does  not  here  serve  the  interest  of  the  govern- 
ment employees  so  much  as  that  of  the  union  as  a  whole. 
The  exclusion  of  "  scabs  "  and  undesirable  persons  is  na- 
tional, and  is  presumably  in  the  interest  of  all  unionists. 
If  the  Government  Printing  Office  were  non-union,  to  that 
extent  the  system  of  national  exclusion  would  be  weakened.^ 
A  "  sentimental  "^  argument  has  also  been  advanced  in 
favor  of  the  closed  shop  as  a  trade-union  device.  Non- 
union men,  it  is  said,  are  "  industrial  parasites "  who  do 
nothing  to  help  organized  labor  fight  its  battles.  "  To 
say  that  the  fruits  of  victory  should  come  without  effort, 
nay,  as  a  reward  for  cowardice  and  disloyalty,  is  neither 
right  in  the  realm  of  ethics  or  in  the  practical  work-a-day 
world. "^  Consequently  the  non-unionist  "  should  not  con- 
sider it  a  grievance  if  at  the  conclusion  of  a  successful  strike 
he  should  be  invited  to  join  the  union  or  work  only  with 
other  non-unionists.  .  .  .  All  that  is  demanded  is  that  the 
cost  and  burdens  of  union  management  and  action  be  fairly 
shared  by  these  men  in  the  future."*  This  argument  fails 
to  take  account  of  the  real  motives  for  excluding  non-union- 
ists. Although  resentment  has  often  been  aroused  against 
non-unionists  because  they  escape  paying  dues,  as  for  ex- 
ample among  the  Paper  Makers,  there  would  be  no  discrimi- 
nation against  them  if  their  presence  did  not  endanger  the 
enforcement  of  union  wages  and  shop  rules.  Among  the 
Railroad  Trainmen,  for  instance,  there  have  been  no  pro- 
tests against  the  employment  of  non-members  for  "senti- 

* "  To  recognize  the  principle  of  the  union  shop  in  all  other  parts 
of  the  nation,  and  then  except  the  government  employees,  only  means 
to  use  the  government  service  as  a  club  to  destroy  all  that  the  honest 
and  unceasing  efforts  of  organized  labor  have  accomplished " 
(American  F'^  l^rationist,  January,  1905,  p.  14). 

'So  term'-  ^^Prof.  J.  R.  Commons  in  a  paper  before  the  Ameri- 
can Econc  2cO.  ho'ociation  in  1905. 

'  Darr  mev 

*  Mi»  --.s  \ 

V 


i62        The  Closed  Shop  hi  American  Trade  Unions.      [592 

mental  "  reasons.  This  is  because  the  open  shop  is  not  a 
Tnenace  in  railroad  vvork.^ 

An  argument  for  the  closed  shop  of  which  much  has  been 
made  is  that  it  increases  trade-union  membership.  Expe- 
rience has  shown  that  there  are  always  a  large  number  of 
workmen  "  in  and  out  of  the  union."  They  are  "  in  the 
union  "  when  they  obtain  a  job  in  a  closed  shop ;  they  are 
"  out  of  the  union  "  when  they  work  in  a  shop  where  a  union 
card  is  not  necessary.  It  has  been  said  that  "  the  mere 
closing  of  one  door  to  the  non-unionist  is  the  best  argument 
to  him  for  application."^  Instances  of  marvelous  growth  in 
membership  following  the  introduction  of  the  card  system 
have  also  been  frequently  reported. 

A  recent  writer  in  dealing  with  a  typical  American  trade 
union  indicates  the  two  ways  in  which  the  closed  shop  in- 
creases union  membership.  "  In  the  first  place,  when  the 
union  has  once  unionized  an  office,  it  is  able  by  requiring 
the  exclusive  employment  of  unionists  to  affiliate  with  itself 
every  workman  who  thereafter  obtains  work  in  the  office. 
The  rule  thereby  tends  to  continue  a  control  once  obtained. 
The  closed  shop  rule  can  be  viewed  in  another  aspect  as  a 
device  for  securing  the  unionizing  of  offices,  and  of  thereby 
bringing  in  new  members.  If  a  local  union  controls  a  large 
part  of  the  labor  supply,  the  influence  of  the  closed  shop 
rule  as  a  means  of  increasing  the  membership  may  be  very 
considerable.  If,  for  example,  in  a  community  where  500 
printers  are  employed,  400  are  members  of  the  union,  both 
the  non-unionist  workmen  and  their  employers  will  be  at  a 

^  In  New  Zealand,  where  compulsory  arbitration  is  in  vogue,  pref- 
erence is  given  union  men  by  the  arbitration  courts.  "  Among  the 
arguments  in  favor  of  preference,  the  chief  is  that  the  unionists  go 
to  much  trouble  and  expense  to  obtain  concessions,  not  only  for 
themselves  but  for  other  laborers  and  that  non-unionists  can  obtain 
preference  by  joining  the  union.  Also  preference  is  sometimes 
regarded  as  a  compensation  to  unionists  for  having  given  up  the 
right  to  strike.  Preference,  too,  protects  active  unionists  from  being 
victimized  by  their  employers.  ...  In  brief,  the  question  is  practically 
the  same  as  that  of  the  closed  shop  in  the  United  States "  (Le 
Rossignol  and  Stewart,  "  Compulsory  Arbitration  j  '  New  Zealand," 
in  Quarterly  Journal  of  Economics,  August,  19'    '.       '>8o). 

2  Bookbinders,  Official  Proceedings  of  the  Si  al  Conven- 

tion, 1S98,  p.  21. 


593]         Closed  Shop  as  a  Trade-Union  Deince.  163 

distinct  disadvantage.  A  non-unionist  workman,  if  he  can 
earn  the  minimum  rate,  will  be  eager  to  secure  access  to  the 
wider  opportunities  for  employment  which  the  unionist  pos- 
sesses. The  non-union  employer  under  such  circumstances 
cannot  discharge  his  workmen  and  thus  reduce  expenses  so 
readily  in  times  when  business  is  slack  as  he  otherwise 
would,  for  he  cannot  easily  replace  his  employees  from  his 
restricted  labor  market.  At  times,  for  the  same  reason,  he 
must  go  outside  his  home  labor  market,  at  expense  and  in- 
convenience, to  supply  himself  with  printers.  But  just  as 
the  closed  shop  rule  is  a  powerful  instrument  for  unionizing 
offices  when  the  union  is  strong  and  controls  a  great  part  of 
the  labor  supply,  so  it  is  a  hindrance  when  the  union  is  weak. 
The  unionist  and  the  employer  of  unionists  suffer  in  this  case 
under  the  same  disadvantage  of  a  restricted  labor  market 
as  non-unionists  and  the  non-union  employer  do  when  the 
union  is  strong."^ 

Finally,  it  has  been  asserted  in  defense  of  the  closed  shop 
that  the  exclusive  employment  of  union  men  is  necessary  in 
many  trades  because  of  the  legal  principle  known  as  the 
"  fellow-servant  doctrine."  In  dangerous  employments,  it 
is  said,  skilled  union  men  run  constant  risk  from  having  to 
work  with  unknown  non-unionists.  If  the  latter,  by  care- 
less acts,  injure  unionists,  no  redress  is  ordinarily  to  be  had. 
If  the  shop  is  an  open  one,  their  discharge  cannot  be  forced. 
As  the  common  law  requires  "  each  to  be  responsible  for  the 
rest,"  it  is  maintained  by  unionists  as  in  accord  with  the 
"  most  elementary  principles  of  self  preservation  "  that  they 
should  seek  through  the  union  to  have  some  voice  in  choosing 

^  Bamett,  pp.  290-291.  One  effect  of  the  closed  shop  of  which 
Httle  mention  has  been  made  is  that  it  tends  in  some  unions  to  make 
employment  more  regular  for  members  of  the  union.  Since  em- 
ployers ordinarily  hire  workmen  who  are  members  of  the  union,  no 
more  workmen  are  brought  into  the  union  than  are  needed.  When 
trade  is  brisk,  forays  are  made  by  the  union  into  open  shops  and  the 
needed  men  are  recruited.  Such  an  argument  applies  most  to  those 
unions  which  not  only  force  the  preferential  employment  of  their 
m  rubers,  but  also  refuse  admission  to  non-unionists  when  work  is 
slack.  Y-""n,  however,  in  ordinary  closed-shop  unions  it  is  probable 
that  uner  .^  •'vment  is  slightly  less  among  the  unionists  than  among 
the  non  'is  in  the  trade. 


164       The  Closed  Shop  in  American  Trade  Unions.     [594 

their  fellow-employees.^  The  fellow-servant  argument,  like 
the  "  sentimental "  argument,  is  an  afterthought  on  the  part 
of  zealous  unionists  and  their  sympathizers.  No  union  was 
ever  led  by  such  an  argument  to  introduce  the  closed  shop. 
There  are  probably  few  employers  who  would  continue  to 
hire  a  habitually  reckless  workman.  In  a  few  cases,  how- 
ever, the  argument  has  been  seriously  considered  by  the 
courts.^ 

It  will  thus  be  seen  that  the  closed  shop  is  used  by  trade 
unions  as  a  device  to  gain  certain  ends.  It  is  not  an  end  in 
itself.  It  cannot  be  explained  on  the  grounds  of  unreason- 
ing prejudice  against  non-union  men.  It  is  an  utterly  mis- 
taken view  to  regard  it  as  a  mere  "  passing  phase  "  of  union- 
ism. It  is  also  probably  safe  to  say  with  Mr.  John  Mitchell 
that  ''  with  the  growth  of  trade  unionism  in  the  United 
States  the  exclusion  of  non-unionists  will  become  more 
complete."* 

'  Elevator  Constructor,  October,  1905,  p.  15.  See  also  Darrow, 
pp.  21-22. 

*  In  rendering  the  majority  opinion  in  the  case  of  National  Protec- 
tive Association  v.  Gumming  (170  N.  Y.,  315),  Chief  Justice  Parker 
of  the  court  of  appeals  said :  "  It  cannot  be  open  to  question  but 
that  a  legitimate  and  necessary  object  of  societies  like  the  defendent 
association  would  be  to  assure  the  lives  and  limbs  of  their  members 
against  the  negligent  acts  of  a  co-employee.  ...  It  is  well  known 
that  some  men,  even  in  the  presence  of  danger,  are  perfectly  reck- 
less of  themselves  and  careless  of  the  rights  of  others.  .  .  .  These 
careless,  reckless  men  are  known  to  their  associates,  who  not  only 
have  the  right  to  protect  themselves  from  such  men,  but,  in  the 
present  state  of  the  law,  it  is  their  duty  through  their  organizations, 
to  attempt  to  do  so,  as  to  the  trades  affording  special  opportunities 
for  mischief  arising  from  recklessness.  .  .  .  The  master's  duty  is 
discharged  if  the  workman  be  competent,  and  for  his  recklessness, 
which  renders  his  employment  a  menace  to  others,  the  master  is  not 
responsible." 

» Organized  Labor,  p.  285. 


^r 


CHAPTER  IX. 

Social  Aspects  of  the  Closed  Shop. 

In  the  preceding  chapter  attention  was  confined  to  an 
exposition  of  the  motives  which  have  led  the  unions  to  en- 
force the  closed  shop.  There  still  remains  to  be  considered 
how  far  the  closed  shop  is  economically  and  socially  desir- 
able. This  inquiry  may  be  conveniently  divided  into  three 
parts:  (a)  the  effect  of  the  closed  shop  upon  the  economic 
conduct  of  industry,  (b)  its  effect  upon  the  welfare  of  the 
non-union  man,  (c)  its  ultimate  effect  upon  the  unions 
themselves. 

(a)  The  closed  shop  and  the  economic  conduct  of  indus- 
try.— In  recent  popular  discussion  of  the  closed  shop  much 
emphasis  has  been  put  upon  its  uneconomical  character. 
The  charge  is  made  that  the  demand  for  the  exclusive  em- 
ployment of  union  men,  by  interfering  with  the  right  of  an 
employer  to  "  run  his  own  business,"  makes  high  efficiency 
impossible.^  This  argument  is  based  on  the  fact  that  the 
employer,  under  the  competitive  system,  is  alone  responsible 
for  the  successful  conduct  of  business  undertakings.  If  he 
fails  to  produce  as  well  and  as  cheaply  as  others  do,  the  loss 
is  his.  It  is  necessary,  therefore,  for  the  most  economic 
conduct  of  business  that  the  employer  "  should  have  power 
to  order  his  own  affairs."  He  "  should  not  be  influenced 
by  any  other  consideration  in  the  hiring  of  men  than  the 
ability,  fitness  or  loyalty  of  the  applicant."-  At  the  same 
time  he  should  be  free  to  reward  exceptional  workmen  and 
to  discharge  those  who  are  inefficient  or  insubordinate.    He 


^  As  early  as  1836  the  Master  Carpenters  of  Philadelphia  asserted 
their  "  right  as  Free  Citizens  "  to  run  their  business  as  they  saw  fit 
(The  Pennsylvanian,  March  17,  1836,  p.  2.  Reprinted  in  Commons 
and  Sumner,  Vol.  VI,  p.  53). 

*  Citizens'  Industrial  Association  of  America,  Proceedings  of  the 
Adjourned  Session  of  the  First  Convention,  1904,  p.  11. 

165 


i66       The  Closed  Shop  in  American  Trade  Unions.      [596 

should  be  the  sole  judge  as  to  the  kind  of  machinery,  tools, 
and  material  to  be  used.  Only  in  this  way,  it  is  argued,  can 
the  employer  secure  that  "effective  discipline"  which  is  es- 
sential in  bringing  about  the  "  highest  measure  of  success 
...  in  industry."^ 

The  "  essence  "  of  the  open  shop  is  that  the  employer  is 
entirely  free  "  to  hire  and  discharge."^  It  gives  him,  there- 
fore, the  opportunity  for  initiative,  and  subjects  him  to  the 
control  of  no  influence  save  that  of  the  market.  The  closed 
shop,  on  the  other  hand,  is  attacked  because  it  does  not  leave 
the  employer  free.^  It  denies  him  the  "  right  to  hire  and 
discharge."  If  the  employer  wishes  to  hire  competent  non- 
union men,  he  is  prevented  from  procuring  their  services  if 
they  cannot  or  will  not  obtain  union  membership.  Often 
he  is  compelled  because  of  a  "  waiting  list "  to  hire  the  union 
men  who  have  been  longest  out  of  employment  regardless 
of  their  ability  or  fitness.  The  "walking  delegate"*  in 
some  cases,  it  is  said,  usurps  the  employer's  prerogative. 

The  employer  complains  that  under  the  closed  shop,  in- 
stead of  being  able  to  secure  workmen  regardless  of  whether 
they  are  union  or  non-union,  white  or  black.  Catholic  or 
Protestant,  Jew  or  Gentile,  he  is  compelled  to  draw  from  a 
definitely  fixed  labor  market.  Very  often,  too,  this  market 
is  severely  limited  by  the  refusal  of  the  unions  on  one  ground 
or  another  to  admit  competent  workmen  to  membership.® 
He  cannot  hire  members  of  other  unions  who  are  competent 
to  do  the  work  because  this  will  at  once  involve  him  in  a 
jurisdictional  dispute.     One  trial  is  enough  to  demonstrate 

*  Citizens'  Industrial  Association  of  America,  Proceedings  of  the 
Adjourned  Session  of  the  First  Convention,  1904,  p.  11. 

»  The  Open  Shop,  October,  1906,  p.  479. 

»  Employers  have  complained  that  since  they  must  discharge  work- 
men who  refuse  to  join  a  union,  they  virtually  act  as  union  organ- 
izers or  business  agents.  They  consider  it  highly  improper  that  their 
aid  should  be  requisitioned  for  trade-union  ends. 

*  The  name  "  walking  delegate  "  is  preferred  by  most  employers  to 
"  business  agent,"  the  name  now  more  ordinarily  used  by  unions. 

* "  Further,  by  imposing  large  initiation  fees  or  other  penalties,  the 
union  may  limit  its  membership,  thus  shortening  the  supply  of  labor, 
to  the  injury  of  the  employer  and  of  trade  in  general"  (Statement 
of  Marcus  M.  Marks,  quoted  in  The  Labor  Compendium,  August 
28,  1904,  p.  i). 


597]  Social  Aspects  of  the  Closed  Shop.  167 

the  fact  that  members  of  rival  unions  tolerate  each  others' 
presence  less  than  they  do  that  of  non-unionists.  There  is 
then  no  practicable  way  in  which  he  can  secure  additional 
help  when  his  work  increases  except  by  bidding  for  work- 
men against  other  union  employers.  It  is  also  said  that 
the  closed  shop  serves  to  prevent  the  discharge  of  inefficient 
employees.  If  such  persons  are  dismissed  from  employ- 
ment, they  try  to  make  it  appear  that  they  have  been  "  vic- 
timized "  on  account  of  union  membership.  Often  they 
secure  a  sympathetic  hearing  from  their  union,  and  the  latter 
forces  their  reinstatement. 

Another  evil  attributed  to  the  closed  shop  is  that  it  estab- 
lishes a  minimum  wage  which  becomes  virtually  also  a  maxi- 
mum wage.  This  is  said  to  produce  a  disastrous  "  dead 
level "  of  efficiency  throughout  an  establishment  and  to  dis- 
courage effort.^  Accordingly  union  control  is  declared  to 
be  "  absolute  death  to  individual  effort  and  ambition,"  and 
to  cause  the  degeneration  of  "  mental  and  moral  fiber."- 
Restriction  of  output  is  the  direct  result  of  such  conditions. 
Especially  harmful  does  the  closed  shop  become,  in  the  opin- 
ion of  its  opponents,  when  a  union  requires  foremen  to  obey 
its  rules  and  to  serve  the  union  rather  than  the  employers.^ 
All  closed-shop  unions,  it  is  represented,  "  define  the  work- 
man's rights  but  say  nothing  of  his  duties.  .  .  .  They  destroy 
shop  discipline  and  put  nothing  in  its  place."* 

To  these  indictments  the  advocates  of  the  closed  shop 
have  made  vigorous  rejoinder.  They  assert  that  while  the 
unions  do  not  allow  employers  to  "  victimize  "  their  mem- 
bers, they  do  not  interfere  otherwise  with  the  "  right  to  hire 
and  discharge  "  as  long  as  all  persons  who  are  hired  become 
union  members.  It  is  also  flatly  denied  that  the  minimum 
wage  is  usually  the  maximum,  and  that  production  is  re- 
stricted in  closed  shops. 


^  The  Open  Shop,  November,  1905,  p.  522. 

•  Hibbard,  "  The  Necessity  of  an  Open  Shop,"  in  Proceedings  of 
the  American  Economic  Association,  1905,  p.  181. 

*  Bulletin   of  the   National   Metal  Trades  Association,   February, 
1903,  p.  80. 

<  Walling,  "Can  Labor  Unions  be  Destroyed?"  in  World's  Work, 
May,  1904,  p.  4757. 


1 68       The  Closed  Shop  in  American  Trade  Unions.      [598 

The  reconciliation  of  these  conflicting  statements  of  facts 
is  possible.  The  opponents  of  the  closed  shop  in  discussing 
its  economic  effects  always  assume  that  the  closed  shop  is 
everywhere  the  same,  and  take  as  typical  those  unions  in 
which  the  restrictions  on  employment  are  most  severe.  The 
advocates  of  the  closed  shop  assume  as  typical  those  unions 
in  which  the  restrictions  are  mildest.  If  reference  is  made 
to  a  preceding  chapter/  it  will  be  noted  that  the  unions  vary 
widely  in  this  respect.  In  some  unions,  employers  are  al- 
lowed to  hire  only  such  persons  as  have  already  become 
union  members.  In  fewer  cases  employers  are  restricted 
to  hiring  persons  who  have  been  union  members  for  a  fixed 
period.  That  such  rules  are  injurious  cannot  be  denied. 
Compulsory  "  waiting  lists,"  too,  are  found  in  a  few  unions ; 
where  such  lists  are  in  force  the  employer's  right  to  hire  and 
discharge  is  almost  entirely  destroyed.^  ■  In  the  majority  of 
closed-shop  unions,  however,  we  have  seen  that  the  employer 
is  allowed  to  hire  non-unionists  when  competent  unionists 
are  not  available,  or  even  in  many  unions  when  they  are 
available.  It  is  also  customary  to  allow  such  non-unionists 
to  work  a  certain  period  in  a  shop  before  being  required  to 
join  the  union.  There  is  little  basis  for  the  claim,  therefore, 
that  employers  are  restricted  to  hiring  union  men  only.  It 
is  true  that  "  scabs  "  and  members  of  rival  unions  are  rarely 
allowed  to  work.  "  Scabs,"  however,  form  but  a  small  part 
of  the  men  in  any  trade,  and  agreements  between  rival  unions 
have  now  to  some  extent  solved  the  problem  of  jurisdic- 
tional disputes. 

If  the  union  itself  is  closed,  that  is,  will  admit  new  mem- 
bers only  with  great  difficulty,  union  employers  have  no 
means  of  obtaining  additional  help  when  their  business  in- 
creases. The  closed  union,  however,  although  it  is  usually 
found  with  the  closed  shop,  is  not  identical  with  it.  To  say 
that  no  more  members  shall  be  admitted  to  a  union  is  an 
entirely  different  thing  from  saying  that  union  men  shall  not 

'  See  p.  59  et  seq. 

^According  to  the  Eleventh  Special  Report  of  the  Commissioner 
of  Labor  in  1904  (pp.  20-21),  waiting  lists  were  found  in  only  a  few 
unions. 


599]  Social  Aspects  of  the  Closed  Shop.  169 

work  with  non-unionists.  It  cannot  be  denied  that  the  effect 
of  "  closing  "  a  union  is  made  economically  important  by  tlie 
requirement  that  only  members  of  the  union  shall  be  em- 
ployed. If  the  union  is  closed  but  the  shop  is  open,  the 
excluded  workmen  alone  are  affected.  But  if  a  closed  union 
enforces  the  closed  shop,  workmen,  employers,  and  the  con- 
sumer suffer  loss.  A  highly  objectionable  feature  to  be 
found  in  certain  closed-shop  agreements  is  the  provision  that 
employers  shall  hire  only  members  of  a  certain  local  union. 
The  only  economic  method  is  to  allow  the  employer  to 
"  take  on  "  any  one  he  will  as  long  as  such  persons  join  the 
local  union  having  jurisdiction. 

There  is  much  truth  in  the  charge  that  some  closed-shop 
unions  have  prevented  the  discharge  of  inefficient  workmen 
on  the  score  of  "victimization."^  The  older  unions  have 
come  to  understand  that  nothing  is  gained  by  such  a  policy. 
They  realize  that  employers  cannot  destroy  the  union  by 
"  victimizing  "  members  if  the  persons  they  hire  are  required 
to  become  members.  The  closed-shop  rule  does  not  neces- 
sarily require  any  infringement  on  the  employer's  right  to 
discharge.  In  instances  where  this  right  has  been  limited, 
use  has  been  made  of  the  power  derived  from  the  closed 
shop  to  enforce  a  union  rule.  It  is  quite  possible  for  open- 
shop  unions  to  seek  to  prevent  their  members  from  being 
dismissed  from  employment,  even  though  they  are  incom- 
petent or  insubordinate.^ 

All  unions  that  have  advanced  beyond  the  most  rudi- 
mentary stage  enforce  a  minimum  wage.  The  tendency  to 
uniformity  and  a  "  dead  level "  growing  out  of  the  existence 
of  the  minimum  wage  can  only  be  connected  with  the  closed 
shop  through  some  restriction  on  the  right  to  hire  and  dis- 
charge. If  the  union  has  a  compulsory  waiting  list,  it  is 
easy  to  see  how  the  minimum  wage  may  become  the  maxi- 
mum wage.     As  has  been  pointed  out,  however,  compul- 

*  Eleventh  Special  Report  of  the  Commissioner  of  Labor,  1904, 
p.  20. 

*  Charges  to  this  effect  have  been  freely  made  against  the  railway 
brotherhoods.  See,  for  instance,  Fagan,  Confessions  of  a  Railroad 
Signalman. 


170       The  Closed  Shop  in  American  Trade  Unions.      [600 

sory  waiting  lists  are  established  in  very  few  unions.  Simi- 
larly, restriction  of  output  is  connected  with  the  closed  shop 
only  through  the  waiting  list.  A  great  part  of  closed-shop 
unions  do  not  have  waiting  lists. 

It  is  also  charged  that  the  joint  and  extended  closed  shops 
lead  to  demands  upon  employers.  When  satisfactory  con- 
ditions have  been  obtained  in  one  trade,  the  men  may  be 
called  out  on  strike  because  "  unfair  "  material  is  used,  or 
because  the  open  shop  exists  in  an  allied  trade.  Moreover, 
the  closed  shop  puts  work  "  at  the  risk  of  and  even  invites 
jurisdictional  disputes."  Grievances  "  manufactured  out- 
side the  shop  "  are  thus  said  to  be  constantly  arising.  Com- 
plaint is  also  made  that  the  closed  shop  is  responsible  for 
many  unnecessary  shop  rules  which  virtually  deprive  the 
employer  of  control  over  his  business.^  One  writer  has 
gone  so  far  as  to  say  that  "  the  amount  of  restriction  which 
it  may  be  expected  to  find  in  '  closed  shops '  will  certainly 
amount  to  one-third  of  what  the  output  should  amount  to."^ 
Statements  have  frequently  been  made  that  the  open  shop 
has  brought  business  prosperity  to  different  communities.^ 
It  has  been  declared  that  "  in  no  case  .  .  .  has  the  demand 
for  a  union  shop  been  accompanied  by  a  proposition  for 
benefit  to  the  employer."* 

Taking  up  the  last  of  these  contentions  first,  the  unions 
allege  that  closed-shop  agreements  are  of  distinct  advan- 
tage to  employers.  It  is  pointed  out  that  in  some  of  the 
most  aggressive  closed-shop  unions,  such  as  the  Bricklayers 
and  Masons,  the  Longshoremen,  and  the  Printers,  local 
agreements  have  been  "  underwritten  "  by  the  national  union 

^ "  Of  course,  the  gravest  phase,  to  employers,  of  the  'closed  shop' 
is  that  the  unions,  not  satisfied  with  having  obtained  fulfillment  of 
their  demand  that  their  members  only  be  employed,  forthwith  pro- 
ceed to  assert  under  their  rules  the  authority  to  control  the  shop  and 
the  methods  used"  (The  Open  Shop,  January,  1905,  p.  10). 

^  The  Open  Shop,  January,  1905,  p.  9. 

'Thus  at  a  dinner  in  Wilkes-Barre,  Pennsylvania,  in  1906  one  of 
the  speakers  asserted  that  the  open  shop  had  proved  to  be  the 
"  greatest  factor "  in  bringing  prosperity  to  the  city  (The  Open 
Shop,  September,  1906,  pp.  419-420). 

*  Pfahler,  "  Free  Shops  for  Free  Men,"  in  Proceedings  of  the 
American  Economic  Association,  1902,  p.  186. 


6oi]  Social  Aspects  of  the  Closed  Shop.  171 

when  they  provide  for  the  exclusive  employment  of  union 
members.^  In  open  shops  of  most  trades  the  employer  is 
said  to  be  constantly  harassed  with  complaints  from  indi- 
viduals. In  closed  shops  all  grievances  must  first  be  re- 
ferred to  the  union,  which  acts  upon  many  of  them  unfa- 
vorably.^ Great  stability  is  given  to  an  agreement  when  a 
national  union  "  underwrites  "  it.  It  is  equally  undeniable 
that  most  unions  which  have  opportunity  to  enforce  the  ex- 
tended or  the  joint  closed  shop  have  not  hesitated  at  times 
to  strike  even  when  all  their  demands  in  the  particular  shop 
have  been  satisfied.  Moreover,  the  closed  shop  has  involved 
employers  in  wasteful  jurisdictional  disputes  with  which 
they  have  no  real  concern.  Were  there  no  closed  shop  such 
disputes  would  be  robbed  of  all  their  bitterness. 

The  unions  have  also  denied  in  a  general  way  that  their 
shop  rules  have  been  unduly  restrictive.  As  a  matter  of 
fact,  the  great  open-shop  movement  which  began  in  1901 
was  caused  primarily  by  the  rapid  increase  in  rules  regu- 
lating the  number  of  apprentices,  the  kind  of  machinery  that 
should  be  used,  the  methods  of  shop  management,  and  the 
like.  The  connection  between  the  closed  shop  and  arbitrary 
shop  rules  is  close,  but  the  two  are  not  identical.  Arbitrary 
rules  can  rarely  be  enforced  except  in  closed  shops.  If  the 
union  is  strong  enough  to  secure  the  one,  it  can,  if  it  sees 
fit,  enforce  the  other.  Obviously,  however,  a  closed-shop 
union  need  not,  and  many  of  them  do  not,  have  hurtful 
shop  rules. 

The  defenders  of  the  closed  shop,  however,  have  not  con- 
tented themselves  with  endeavoring  to  answer  their  oppo- 
nents. They  have  tried  to  show  that  the  closed  shop  is  an 
advantage  to  an  employer.  In  the  first  place,  they  claim 
that  the  closed  shop  protects  fair-minded  employers  from 
"cut-throat  competition."  If  an  industry  is  thoroughly 
unionized,  every  manufacturer  or  contractor  can  tell  pre- 
cisely what  his  competitors  are  paying  in  wages.  As  wages 
form  the  largest  item  in  the  average  employer's  expense 

^  The  Bricklayer  and  Mason,  November,  1903,  p.  5. 
"The  Cigar  Makers'  Official  Journal,  April,  1899,  p.  8. 


172       The  Closed  Shop  in  American  Trade  Unions.     [602 

account,  it  therefore  becomes  possible  for  him  to  "  figure 
intelligently  on  his  work,"  something  which  he  ''  could  never 
feel  certain  of  were  the  open  shop  to  prevail."^  The  same 
shop  rules  also  apply  in  all  union  establishments.  Under 
the  open  shop  not  nearly  the  same  uniformity  in  competitive 
conditions  can  be  secured.  The  closed  shop  is  a  device 
absolutely  essential  to  the  rigid  and  wide  enforcement  of 
union  rules.  Without  it,  the  "check  which  the  union  rules 
have  placed  on  the  unscrupulous  employer  will  be  swept 
aside,"  and  the  "  fair  competitive  basis  "  established  under 
the  closed  shop  will  be  destroyed.^ 

This  argument  can  be  valid  only  when  applied  to  a  sharply 
competitive  industry  which  is  thoroughly  unionized.  It 
would  be  absurd  to  claim  that  the  closed  shop  tends  to  pro- 
tect employers  in  the  steel  industry  from  "  cutthroat  com- 
petition." Likewise  it  would  be  extravagant  to  represent 
that  one  employer  was  put  on  a  "  fair  competitive  basis " 
with  others  if  his  shop  alone  were  unionized.  The  argu- 
ment is  therefore  chiefly  applicable  to  trades,  like  the  build- 
ing trades,  which  are  highly  competitive  and  fairly  well 
organized.^  Even  in  the  building  trades  only  the  larger 
contractors  have  ever  been  placed  on  a  "  fair  competitive 
basis"  with  each  other.  The  small  contractor  who  runs  a 
"one-man  shop"  is  still  free  to  cut  prices. 

Secondly,  those  who  uphold  the  closed  shop  affirm  that  it 
tends  to  create  a  greater  esprit  de  corps  among  the  men  than 
the  open  shop  does.  Union  and  non-union  men  represent 
two  diametrically  opposed  ideas.  The  first  stand  for  col- 
lective, the  second  for  individual  action.  Consequently, 
there  is  constant  conflict  between  the  two  in  the  endeavor 

^  Official  Journal  of  the  Brotherhood  of  Painters,  Decorators  and 
Paperhangers,  July,  1904,  p.  358. 

'  Kidd,  "  The  Open  Shop  vs.  Trade  Unionism,"  in  Proceedings  of 
the  American  Economic  Association,  1905,  p.  198. 

*  Employers  have  frequently  informed  the  Cigar  Makers,  the 
Garment  Workers,  the  Granite  Cutters,  the  Iron  Molders,  and 
building  trades  unions  that  they  could  not  afford  to  unionize  their 
shops  unless  the  establishments  of  their  chief  competitors  were  also 
unionized.  See,  for  example,  The  Granite  Cutters'  Journal,  Febru- 
ary, 1906,  p.  4. 


603]  Social  Aspects  of  the  Closed  Shop.  173 

to  obtain  control  over  a  shop.  Because  his  men  do  not  co- 
operate, the  employer  is  likely  to  lose  money.^  Therefore 
as  a  business  necessity  open  shops  must  become  either  union 
or  non-union.'  That  there  should  be  ill  feeling  between 
union  and  non-union  men  is  easily  understood  when  we  con- 
sider why  unions  desire  the  closed  shop.  Non-union  men 
are  the  economic  enemies  of  unionists  as  long  as  employers 
resort  to  individual  bargaining  or  express  a  dislike  for  full 
union  control.  In  most  open  shops,  therefore,  there  is  an 
element  of  unrest  and  dissatisfaction.  Even  in  the  organi- 
zations which  do  not  enforce  the  exclusive  employment  of 
members  there  is  usually  not  the  same  cooperation  between 
union  and  non-union  men  that  there  is  between  the  unionists 
themselves.  In  particular,  efforts  are  put  forth  to  make  the 
employment  of  "  scabs "  unprofitable.  For  this  reason, 
after  a  strike  of  the  Trainmen  or  Firemen  has  been  settled, 
railroads  have  almost  always  discharged  their  strike-breakers 
quietly,  but  as  quickly  as  possible. 

Finally,  unionists  say  that  the  closed  shop  is  advantageous 
to  employers  because  in  many  unions  it  carries  with  it  the 
privilege  of  using  a  label  that  has  a  distinct  market  value. 
In  the  building  trades  it  is  represented  that  a  contractor 
profits  by  employing  unionists  exclusively,  since  business 
agents  always  endeavor  to  secure  jobs  for  "  fair"  employers. 
No  union  solicits  work  for  an  open  shop.^  A  label,  how- 
ever, is  an  advantage  to  an  employer  only  under  certain 
conditions.  It  can  be  used  to  best  advantage  on  articles 
largely  purchased  by  the  laboring  classes.  That  a  label 
increases  sales  on  such  goods  is  evidenced  by  the  fact  that 
manufacturers,  solely  for  the  purpose  of  obtaining  the  use 

*  The  Bridgeman's  Magazine,  December,  1904,  p.  15. 

*  "  As  the  immortal  Lincoln  said,  '  This  country  cannot  long  remain 
half  free  and  half  slave.'  So  say  we,  that  any  establishment  cannot 
long  remain,  or  be  successfully  operated,  part  union  and  part  non- 
union "  (American  Federation  of  Labor,  Proceedings  of  the  Twenty- 
third  Annual  Convention,  1903,  p.  20,  President's  Report). 

*  "  The  Bricklayers  of  New  York  and  of  a  number  of  other  cities 
are  at  times  practically  a  collection  agency  for  their  employers.  The 
annual  agreement  provides  that  no  bricklayer  shall  work  on  a  build- 
ing for  any  one  where  money  is  owing  to  an  employer  until  payment 
has  been  made"  (The  Bricklayer  and  Mason,  November,  1903,  p.  5). 


174        ^^^<^  Closed  Shop  in  American  Trade  Unions.      [604 

of  the  label,  have  often  asked  that  their  establishments  be 
unionized.^  The  labor  journals  not  infrequently  contain 
statements  from  employers  that  the  closed  shop  is  a  "  good 
business  proposition."-  But  the  label  rarely  effects  an  in- 
crease in  the  demand  for  expensive  goods  or  for  articles 
sold  to  women.^  It  is  evident,  therefore,  that  the  number 
of  employers  who  can  find  an  advantage  in  the  use  of  the 
labels  is  small  relative  to  the  total  number  of  employers. 
Business  agents  are  often  able  to  secure  jobs  for  *'fair" 
building  contractors,  but  if  the  building  industry  were  thor- 
oughly unionized,  one  employer  would  be  able  to  secure  no 
advantage  over  others  in  this  way,  since  all  would  be  equally 
"  fair." 

Neither  employers  nor  unions  have  had  much  to  say  con- 
cerning the  advantages  of  "  exclusive  agreements."*  This 
is  explained  by  the  fact  that  such  agreements  are  generally 
condemned  as  being  in  restraint  of  trade  and  therefore 
against  public  policy.  Employers  who  are  parties  to  them 
obtain  a  great  advantage  over  competitors  in  localities  where 
the  unions  are  strong,  since  they  secure  a  virtual  monopoly 
of  the  labor  supply.  Consequently  the  employer  outside  the 
association  is  nearly  always  desirous  to  enter.  He  com- 
plains of  the  losses  that  come  from  having  to  employ  non- 
union men,  and  is  eager  to  agree  to  hire  union  men  exclu- 
sively. But  while  the  closed  shop  under  such  conditions 
may  be  an  advantage  to  those  employers  with  whom  a  union 
agrees  to  deal  exclusively,  the  public  interest  suffers  inas- 
much as  competition  is  effectively  stifled. 

To  sum  up  the  arguments  against  the  closed  shop  on  the 
ground  that  it  affects  unfavorably  the  economic  conduct  of 
industry,  it  may  be  said  that  the  crux  of  the  question  is 
whether  or  not  the  "  right  to  hire  and  discharge  "  is  unduly 

'  See  above,  pp.  134-135. 

*  The  International  Bookbinder,  April,  1905,  p.  120.  For  union 
comments  on  open  shops  that  have  failed  in  business  see  The  Granite 
Cutters'  Journal,  June,  1905,  p.  2;  Printing  Pressmen,  President's 
Report,  1908,  p.  31. 

3  For  an  interesting  discussion  of  the  demand  for  label  goods,  see 
Spedden,  p.  74. 

*  See  above,  p.  61. 


605]  Social  Aspects  of  the  Closed  Shop.  175 

restricted  under  the  closed  shop.  Tlie  employer  may  enjoy 
the  use  of  a  valuable  label  and  may  be  placed  on  a  "  fair 
competitive  basis  "  with  other  employers.  Individually  the 
employer  may  reap  a  gain.  But  in  the  long  run  industry 
will  be  carried  on  less  efficiently  if  by  waiting  lists  or  other 
restrictive  devices  the  union  interferes  with  the  employer's 
hiring  and  discharging  his  working  force  in  accordance  with 
his  best  judgment.  Similarly,  a  "  closed  union "  restricts 
the  employer  in  his  choice  of  workmen.  In  those  unions  in 
which  such  practices  exist  the  closed  shop  is  to  be  con- 
demned in  that  it  is  only  through  the  device  of  the  closed 
shop  that  waiting  lists  and  arbitrary  restrictions  on  member- 
ship can  be  made  workable. 

(b)  The  closed  shop  and  the  non-union  man. — The  oppo- 
nents of  the  closed  shop  also  declare  that  the  closed  shop 
is  an  injustice  to  unorganized  labor.  They  assert  that  the 
demand  for  the  closed  shop  "  is  in  fact  the  demand  for  the 
installation  of  a  labor  monopoly."^  For  a  union  to  exclude 
non-members  from  employment  is  denounced  as  an  act  of 
"  criminal  selfishness "  because  it  deprives  the  latter  of  a 
property  right  in  which  they  have  as  great  an  interest  as 
unionists."  Ten  or  fifteen  per  cent,  of  the  working  class, 
it  is  said,  are  trying  to  prevent  the  remaining  eighty-five  or 
ninety  per  cent,  from  obtaining  employment,  although  the 
latter  consists  more  largely  of  persons,  like  women  and  im- 
migrants, who  have  special  need  of  protection  and  assist- 
ance.^ Trade  unions  are  therefore  as  "  tyrannical "  as  capi- 
talistic trusts,  for  they  violate  the  principle  of  equal  oppor- 
tunity by  aiming  to  "  gain  an  advantage  for  the  insiders 
over  the  outsiders."*  The  closed  shop  itself,  therefore,  is 
said  to  be  "  far  from  ...  a  democratic  invention,"  as  it  is 
"  a  means  of  promoting  the  interests  of  a  certain  group  or 
class  against  the  interests  of  the  mass."^ 

^  The  Open  Shop,  September,  1906,  p.  418. 

'Ibid.,  November,  1905,  p.  516. 

'  Bulletin  of  the  National  Metal  Trades  Association,  October  I, 
1902,  p.  146. 

*  Report  of  the  Industrial  Commission,  Vol.  XIV,  1901,  Review  of 
Evidence,  p.  Ixvii. 

^  Eliot,  The  Future  of  Trade-Unionism  and  Capitalism,  p.  63. 


1/6       The  Closed  Shop  in  American  Trade  Unions.     [606 

In  reply  the  unions  have  answered  that  it  is  not  their  pur- 
pose to  estabHsh  a  labor  monopoly  through  the  closed  shop, 
that  on  the  contrary  it  is  the  purpose  of  every  union  "  to 
get  every  man  following  or  engaged  at  a  business  to  affiliate 
himself."^  To  this  end  vigorous  campaigns  for  members 
are  conducted  among  non-unionists,  and  "  hundreds  of  mis- 
sionaries are  at  work,  in  and  out  of  season,  urging  and 
pleading  with  them  to  enter  the  wide-open  doors  of  the 
union. "'^  Furthermore,  it  is  said  that  even  if  it  is  true  that 
ninety  per  cent,  of  the  wage  earners  in  America  are  non- 
union, the  great  majority  of  non-unionists  are  "in  occupa- 
tions in  which  there  are  no  unions  at  all,  or  in  which  the 
unions  are  too  weak  to  think  of  challenging  a  contest  over 
the  employment  of  workers  outside  their  organizations."^ 

Here  again  it  seems  to  the  writer  that  many  of  the  critics 
of  the  closed  shop  have  identified  it  with  the  closed  union. 
If  non-union  men  have  no  difficulty  in  obtaining  union  mem- 
bership, it  is  hard  to  see  how  the  closed  shop  can  be  con- 
demned as  a  "  criminally  selfish "  device.  Only  when  a 
union  declares  that  it  will  not  work  with  non-members  and 
then  refuses  to  admit  the  latter  to  membership  can  monopo- 
listic motives  properly  be  charged.*  Closed  unions,  however, 
are  rarely  found  at  present  except  in  decaying  trades.  The 
closed  shop  is  ordinarily  intended  not  to  restrict  membership 
but  to  increase  it,  as  has  already  been  shown.^  Even  a  union 
which  is  "  closed  "  and  refuses  to  work  with  non-members 
lacks  many  of  the  attributes  of  a  capitalistic  trust,  as  it  does 
not  aim  to  undersell  non-members  or  to  "  exterminate  men 

1  Operative  Plasterers,  Proceedings  of  the  Eighteenth  Convention, 
1904,  p.  45- 

*  American  Federation  of  Labor,  Report  of  Proceedings  of  the 
Twenty-third  Convention,   1903,  p.  20,   President's  Report. 

'  Iron  Holders'  Journal,  June,  1904,  p.  423. 

*"  If  a  union  is  working  not  for  the  interest  of  all  the  men  at  the 
trade,  but  of  members  who  at  the  time  are  actually  in  the  union,  if 
it  is  unduly  restrictive  .  .  .  then  its  refusal  to  work  with  non-union 
men  is  monopolistic  and  such  a  union  should  not  be  put  up  on  a 
par  with  unions  that  refuse  to  work  with  non-unionists  in  the  gen- 
eral interest  of  the  trade"  (Mitchell,  p.  283). 

°  See  above,  p.  162  et  seq. 


6o7]  Social  Aspects  of  the  Closed  Shop.  177 

to  raise  wages  as  Trusts  have  destroyed  an  excessive  stock 
of  goods. "^ 

When  all  shops  are  unionized,  however,  not  only  will  em- 
ployers be  completely  at  the  mercy  of  organized  labor,  but 
non-unionists  will  also  be  compelled  to  obtain  union  mem- 
bership whether  they  wish  to  do  so  or  not.^  Thus  "  liberty," 
"freedom  of  contract,"  and  the  "inalienable  right"  of  a 
workman  to  secure  employment  "  where  and  when  he 
pleases  "  will  be  denied.  The  closed  shop,  therefore,  is  said 
to  be  "  un-American,"  "  un-democratic,"  and  contrary  to 
the  principles  embodied  in  the  Declaration  of  Independence 
and  in  the  Constitution  of  the  United  States.  It  injures  indi- 
viduals by  impairing  their  privileges  as  citizens,  and  there- 
fore it  is  pronounced  to  be  against  public  policy.  In  reply 
the  unions  which  enforce  the  closed  shop  maintain  that  they 
do  not  deprive  non-unionists  of  their  "  right  to  work  "  in  any 
real  sense,  since  no  man  is  privileged  to  take  up  any  employ- 
ment that  appeals  to  him  regardless  of  the  desire  of  em- 
ployers.^ The  only  "  right "  which  an  individual  mechanic 
has,  if  he  does  not  see  fit  to  accept  such  terms  as  are  offered 
him,  is  the  right  to  look  for  another  job.*  The  unions  argue, 
moreover,  that  even  if  they  do  exercise  some  compulsion 
upon  non-unionists  in  order  to  bring  them  into  membership, 

1  Macgregor,  Industrial  Combinations,  p.  179.  It  is  interesting  to 
note  that  the  Wall  Street  Journal  (October  17,  1903,  p.  2)  compares 
the  closed-shop  union  to  "  a  trust  which  seeks  by  measures  of  per- 
secution to  drive  an  independent  merchant  out  of  business." 

*  But  while  some  opponents  of  the  closed  shop  condemn  it  on  the 
ground  that  it  excludes  non-unionists  from  a  livelihood,  others, 
curiously  enough,  protest  that  the  union  aims  to  bring  about  a 
monopoly  by  "  the  forcing  of  all  labor "  into  unions  so  that  the 
latter  "  may  better  be  able  to  dictate  terms  to  employers  "  (Statement 
of  T.  F.  Woodlock,  Editor  of  the  Wall  Street  Journal,  quoted  in 
The  Bricklayer  and  Mason,  November,  1903,  p.  2).  The  Master 
Carpenters  of  Philadelphia  in  1836  condemned  the  closed  shop 
because  it  prevented  union  members  "  from  working  at  the  same 
building  or  in  the  same  shop  with  any  journevTiian  who  is  not  a 
member,  thus  compelling  him  to  join  the  Association  and  contribute 
weekly  his  earnings  for  the  support  of  the  idle  and  discontented" 
(The  Pennsylvanian,  March  17,  1836,  p.  2.  Article  reprinted  in 
Commons  and  Sumner,  Vol.  VI,  p.  52). 

» Stone  Cutters'  Journal,  June,  1904,  p.  2. 

«The  Bricklayer  and  Mason,  November,  1903,  p.  5. 

12 


1/8        The  Closed  Shop  in  American  Trade  Unions.      [608 

it  is  with  a  view  to  conferring  benefit  upon  them.  The  work- 
man who  refuses  to  join  a  union,  therefore,  is  said  to  be 
injuring  himself,  since  he  gains  his  Hvehhood  "at  the  ex- 
pense of  the  permanent  interest  of  all  workingmen."^ 

Only  on  rare  occasions  have  non-union  men  protested  in  a 
body  against  the  establishment  of  the  closed  shop.  In  most 
of  these  instances,  such  as  the  appeal  of  non-union  miners 
to  the  Anthracite  Coal  Strike  Commission,^  there  is  strong 
suspicion  that  the  non-unionists  took  action  at  the  instance 
of  their  employers  and  not  upon  their  own  initiative.  There 
is  no  doubt,  however,  that  many  non-unionists  in  various 
trades  have  felt  that  to  be  required  to  become  union  mem- 
bers has  been  an  imposition.  Those  who  have  been  most 
firmly  opposed  to  joining  the  union  have  probably  been  the 
exceptional  mechanic  and  the  workman  of  less  than  usual 
efficiency.  The  former  feels  able  to  shift  for  himself,  and 
fears  that  the  rules  of  the  union  may  keep  him  from  sell- 
ing his  skill  as  dearly  as  he  might  in  a  free  market.  The 
latter  is  hostile  to  the  closed  shop  because  he  is  excluded 
from  employment  in  case  he  has  not  sufficient  competency 
at  his  trade  to  obtain  admission  to  membership  or,  if  ad- 
mitted, to  receive  the  minimum  rate. 

In  the  long  run  the  question  will  probably  resolve  itself 
into  a  consideration  of  the  value  of  labor  organization.  Indi- 
viduals may  properly  be  made  to  suffer  some  loss  by  being 
compelled  to  act  with  others,  or  by  being  excluded  from 
acting  with  others  of  their  class,  if  it  appears  that  the  class 
as  a  whole  is  advanced  by  such  action.  What  the  non- 
unionist  loses  in  "  individual  liberty,"  therefore,  may  be 
made  up  to  him  if  his  membership  is  necessary  to  enable  the 
union  to  protect  the  conditions  of  work  in  its  trade.' 

Mitchell,  p.  278. 

^  Bulletin  of  the  Department  of  Labor,  May,  1903,  .pp.  520-522. 

'  Professor  E.  R.  A.  Seligman  in  an  address  before  the  National 
Civic  Federation  in  1905  said :  "  Liberty  must  be  looked  at  from  the 
social  as  well  as  the  individual  point  of  view.  The  individual  has 
become  what  he  is  largely  through  associated  effort.  This,  however, 
implies  a  certain  subjection  of  the  individual  to  the  group.  The 
liberty  that  is  compatible  with  social  progress  involves  the  readiness 
of  the  individual  to  work  for  a  common  end.    If  this  readiness  is  not 


609]  Social  Aspects  of  the  Closed  Shop.  i  79 

(c)  The  closed  shop  and  trade  unionism. — The  final  argu- 
ment directed  against  the  closed  shop  is  that  it  will  ultimately 
prove  the  destruction  of  trade  unions  themselves.  It  is 
claimed  that  if  workmen  are  induced  to  join  a  union  through 
coercion,  "  the  same  process  which  deprives  them  of  their 
freedom  deprives  the  labor  organization  of  that  spirit  of 
brotherhood  which  is  at  once  the  justification  of  its  existence 
and  the  inspiration  of  its  power."^  Collective  bargaining,  it 
is  urged,  is  highly  desirable,  but  it  will  be  "  more  speedily 
and  permanently  secured  by  the  maintenance  of  free  labor 
unions  than  by  swelling  the  ranks  of  labor  unions  through 
processes  of  compulsion."^  A  combination  of  w^orkmen  to 
be  "  permanently  efficient  "  must  be  composed  "  of  members 
who  believe  in  unionism  and  are  loyal  to  it ;  it  must  be  an 
army  of  volunteers  and  not  of  drafted  men."^ 

In  answer  to  the  charges  that  their  members  are  largely 
obtained  through  compulsion,  some  union  leaders  have  re- 
torted that  "  the  scruples  that  the  non-unionist  is  supposed 
to  have  against  joining  the  union  evidently  exist  only  in  the 
mind  of  the  employer."*  In  the  opinion  of  these  writers, 
only  "  scabs,"  professional  strike-breakers,  and  semi- 
criminals  dislike  to  join  a  labor  organization.  Other  union- 
ists admit  that  "  it  is  a  fact  much  to  be  regretted  that  a  large 
percent  of  all  trade  unions  in  this  country  consists  of  so- 
called  forced  membership."^  They  recognize  that  by  means 
of  the  closed  shop,  social  ostracism,  and  even  physical  force, 
union  membership  has  been  substantially  increased. 

We  have  already  noted  that  one  of  the  trade-union  motives 
for  enforcing  the  closed  shop  is  that  new  members  may  be 
recruited.  It  would  undoubtedly  be  disastrous  if  members 
were  gained  in  no  other  way.  But  it  is  probably  safe  to  say 
that  most  non-union  men  are  not  hostile  to  organization, 

voluntary,  it  must  be  developed  by  persuasion  or  force."    Quoted  in 
the  Broom  Maker,  June,  1905,  p.  172. 
^  Editorial  in  The  Outlook,  July  16,  1904,  p.  633. 

*  Ibid. 

•  Ibid.,  p.  632. 

<  White,  p.  179. 

'The  Bricklayer  and  Mason,  November,  1901,  p.  6. 


i8o       TJie  Closed  Shop  in  American  Trade  Unions.      [6io 

but  are  merely  indifferent  toward  it.  Consequently  it  is 
wrong  to  assume  that  every  man  who  is  compelled  by  the 
closed  shop  to  become  a  union  member  remains  anti-union 
at  heart.  Forced  members  have  become  in  many  instances 
ardent  trade  unionists.  In  fact,  some  of  the  men  who  are 
now  national  union  officers  originally  joined  their  respective 
unions  because  they  were  compelled  to  do  so  or  leave  their 
jobs.  On  the  other  hand,  many  workmen  resent  having  been 
forced  to  join  an  organization.  Their  resentment  may  even 
be  carried  so  far  as  to  induce  them  to  act  as  informers  for 
employers.^  Certainly  no  union  can  afford  to  neglect  the 
development  of  social,  beneficiary,  and  other  features  that 
will  induce  men  to  join  of  their  own  accord.  Voluntary 
membership  is  by  all  means  the  best,  and  a  trade  union  can- 
not exist  long  if  built  on  compulsory  membership. 

If  it  be  true,  as  has  been  said,  that  "  the  excesses  of  union- 
ism which  have  done  and  are  still  doing  the  greatest  injury 
to  the  prospects  of  the  movement  are  all  traceable  to  the 
use  of  the  arbitrary  and  coercive  power  of  the  closed  shop," 
it  is  equally  true  that  the  closed  shop  is  responsible  for  the 
greatest  advances  made  by  unionism.  On  the  one  hand,  the 
closed  shop,  if  universally  enforced,  would  afford  unions  the 
opportunity  to  commit  gross  excesses  by  virtue  of  the  power 
lodged  with  them.  On  the  other  hand,  the  closed  shop  opens 
the  way  to  the  highest  and  most  efficient  form  of  collective 
bargaining.^ 

Since  regulation  of  employment  is  a  matter  of  public  con- 
cern, and  since  there  is  danger  that  trade  unions  may  become 
arbitrary  in  exercising  control  over  a  trade,  it  has  been  sug- 
gested that  the  state  should  control  their  "  constitution,  pol- 
icy and  management."^     In  this  way  requirements  for  ad- 

The  union  button  does  not  make  a  unionist  at  heart.  An  enemy 
is  sometimes  more  formidable  within  the  lines  than  on  the  outside  " 
(Mitchell,  p.  284). 

^ "  In  the  most  perfected  form  of  Collective  Bargaining,  compul- 
sory membership  becomes  as  much  a  matter  of  course  as  compulsory 
citizenship"   (Webb,  Industrial  Democracy,  p.  217). 
Bullock,  p.  438. 


6i  i]  Social  Aspects  of  the  Closed  Shop.  i8i 

mission  to  union  membership  and  working  rules  could  be 
regulated.  State  regulation,  however,  is  likely  to  be  intro- 
duced only  after  the  closed  shop  has  been  wadely  enforced. 
At  present,  in  the  majority  of  trades,  it  is  but  partially 
enforced,  and  only  with  great  difficulty. 


NDEX 


Agreements   between   labor   and 

capital,    50,    60,    64,    65,    77-78 

(and  note),   124,  135,  147-148, 

158. 
Alban}',    Typographical     Society 

of,  22. 
American   Bridge   Company,   52, 

82. 
American   Can  Company,   50. 
American  Sheet  Steel  Company, 

86. 
American  Steel  Hoop  Company, 

85-86. 
American    Tin    Plate    Company, 

86. 
Anti-union  shop,  12   (and  note), 

Anthracite  Coal  Strike  Com- 
mission, 45-46,  47,  53,  178. 

Asbestos,   Workers,    106    (note). 

Augusta,  Ga.,  Building  Trades 
League  of,  105. 

Bakery  and  Confectionery 
Workers'  International  Union, 
76,  118. 

Baldwin  Locomotive  Works,  49- 

Baltimore,  Typographical  Soci- 
ety, 21,  23;  Journeymen  Cord- 
wainers,  24-25 ;  Cigar  Makers 
of,  27,  58  (note)  ;  Painters  of, 
65. 

Barbers'  International  Union,  62, 
76,   120,  141. 

Birmingham  Rolling  Steel  Com- 
pany, 41. 

Blacksmiths  and  Helpers,  Inter- 
national Brotherhood  of,  64, 
109-110. 

Boiler  Makers  and  Iron  Ship- 
builders, Brotherhood  of,  160. 

Bookbinders,  International 
Brotherhood    of,    46-47,    iio- 

113. 
Boot  and  Shoe  Makers'  Union, 

119. 
Button,  union,  139-140. 
Brandeis,  L.  E.,  62-63   (note). 


Brentano,  L.,  17. 

Brewery  Workmen,  United,  61, 
68,  7s,  104,  121. 

Bricklayers'  and  Masons'  Na- 
tional Union,  30  (note),  38, 
40  (note),  42-43,  51  (and 
note),  55,  63,  65-66,  67,  68,  71, 
72-73,  75,  79,  83,  84,  91,  100, 
102  (and  note),  106  (note), 
121,  127,  141    (note). 

Brick,  Tile  and  Terra  Cotta 
Workers'  Alliance,   121. 

Bridge  and  Structural  Iron 
Workers,  50,  52,  55  (note), 
82,  84,  91. 

Brooklyn  Eagle,  84. 

"  Brotherhood  of  the  Foot- 
board," 37   (and  note). 

Buffalo,  Journeymen  Tailors  of, 
25-26. 

Building  Trades  Council,  Inter- 
national, 55. 

California,  State  Building 
Trades  of,  92  (note),  104 
(note). 

Canadian   Printing  Bureau,   161. 

Card  system,  43  (note),  78,  109- 
iio,  137-147- 

Card,  union,  38,  42,  44,  125,  162; 
exemption  cards,  29;  working 
card,  43  (note),  66,  68,  132; 
travelling  card,  68,  69-70  (and 
note),  141;  apprentice  card, 
78;  market  card,  95;  allied 
trades  card,  136;  membership 
card,  137;  interchangeable 
working   card,    138. 

Carpenters  and  Joiners,  Amal- 
gamated Society  of,  63,  66,  92- 

93-  ^^  .     , 

Carpenters  and  Jomers,  United 
Brotherhood  of,  38,  40  (note), 
54,  63,  65-66,  81-82,  84,  92-93, 
100,  103,  105,  159- 

Carpet  Weavers,  34. 

Car  Workers,  International  As- 
sociation of,  31. 

Carnegie  Steel  Company,  41. 


182 


6i3] 


Index. 


183 


Cases,  closed  shop,  "Journey- 
men Cordwainers,"  24-25 ; 
"  Twenty  Journeymen  Tai- 
lors "  of  New  York,  26,  35 ; 
"  Twenty-four  Journeymen 
Tailors"  of  Philadelphia,  26- 
27  (and  note),  35;  "  People  v. 
Trequier  "  ("New  York  Hat- 
ters"), ss;  "Hudson  Shoe- 
makers," 34-35 ;  "  Philadelphia 
Plasterers,"  34-36;  "People  v. 
Fisher"  ("Geneva  Shoe- 
makers' Case"),  36;  "New 
York  Cordwainers,"  35  ;  "  Na- 
tional Protective  Association 
V.   Cumming,"  53,   164. 

Cement  Workers,  American 
Brotherhood  of,  106  (note). 

Ceramic,  Mosaic  and  Encaustic 
Tile  Layers'  International 
Union,  73-74. 

Check-off  system,  147-152. 

Chicago,  Associated  Building 
Trades  of,   103. 

Cigar  Makers'  Association  of 
the  Pacific  Coast,  39. 

Cigar  Makers'  International 
Union  of  America,  14,  38,  39, 
63,  67,  78,  82,  83-84,  159. 

Citizens'   Alliances,  46,  48. 

Citizens'  Industrial  Association 
of  America,  48,  50. 

Civil  Service  Commission,  47. 

Clinton,  Dewitt,  35. 

Closed  shop,  meaning  of  term, 
10-16;  development  among 
early  English  trades,  17-19; 
development  among  early 
American  trades,  19-23 ;  adop- 
tion of  principle,  23-32 ;  trade 
classifications  of,  30-32;  legal 
aspects  of,  33-36;  impetus  to 
movement  after  Spanish- 
American  War,  43-44 ;  effect 
of  organized  capital  upon,  44- 
50;  Anthracite  Coal  Strike 
Commission's  decision  con- 
cerning, 45-46  (and  note),  47; 
three  periods  of,  56-57;  forms 
of,  58-122;  relation  of  classes 
of  workmen  to,  59-79;  meth- 
ods of  establishing,  123-136; 
mechanism  of,  137-152;  union 
motives  of  inforcement  of, 
153-164;  effect  upon  economic 


conduct  of  industry,  165-175; 
effect  upon  non-union  man, 
175-178;  ultimate  effect  upon 
unions,  179-181.  See  Cases, 
closed  shop. 

Commercial  Telegraphers* 
Union  of  America,  31. 

Compressed  Air  Workers' 
Union,    125. 

Coopers'  International  Union, 
135. 

Coopers  of  North  America,  38. 

Core  Makers,  International,  107. 

Cotton  Mule  Spinners'  Associa- 
tion, 125. 

Cramps'  Ship  Yards,  50. 

Detroit,   Bakers'  Union   of,    118. 

Electrical  Workers,  Interna- 
tional, 51  (and  note),  106  (and 
note). 

Elevator  Constructors,  Interna- 
tional, 51  (and  note),  106 
(note). 

England,  origin  of  closed  shop 
in,  17-19. 

Federation  of  Labor,  American, 
42,  51-52,  55,  71,  76,  102,  116, 
119,  122,  155;  Building  Trades 
Department,  lor,  103,  105- 
106;  Metal  Trades  Depart- 
ment, 109  (and  note)  ;  Rail- 
way Employes'  Department, 
117  (note). 

Flint  Glass  Workers'  Union,  51 
(and  note),  62  (note),  64,  65- 
66,  70,  71,  73,  86,  114,  115 
(note),  120,  131. 

Frey,  J.  P.,  Vice-President,  113. 

Fuller     Construction     Company, 

85- 

Garment  Workers,  United,  63, 
66,  71,  82-83,    151. 

Glass  Bottle  Blowers,  39  (and 
note),  65-66,  70,  83,  114-115 
(and  notes),  120. 

Glove  Workers'  Union,  Inter- 
national, 51  (and  note),  54,  64, 

75- 

Gompers,  Samuel,  45. 

Granite  Cutters'  International 
Association,  38,  65,  67,  69,  70, 
82,  91,  94  (and  note),  106 
(note),  119,  159- 

Granite  Manufacturers'  Associ- 
ation, 41   (and  note). 


1 84 


Index. 


[614 


Green  Glass  Pressers'  League, 
114. 

Green  Glass  Workers,  United, 
43,   114,  125. 

Hat  Finishers,  International,  83- 
84. 

Hatters,  United,  38,  70  (and 
note),  77,  140-141  (and  note), 
142. 

Hollow  Ware  Glassblowers' 
Union,  28,  34. 

Horseshoers'  International 
Union,  Journeymen,  120,  144 
(and  note). 

Hotel  and  Restaurant  Employes' 
and  Bartenders'  International 
Alliance,  62,   64,   118,    139-140. 

Huber,  W.  D.,  President,  54. 

Indiana  Bituminous  Coal  Opera- 
tors,  147. 

Industrial  Workers  of  the 
World,  52. 

Iron  Founders'  and  Machine 
Builders'  Association  of  the 
Falls  of  the  Ohio,  36. 

Iron  League  of  New  York  City 
and  Vicinity,  51. 

Iron  Holders'  Union,  14,  38,  55, 
63,  69,  75,  85-86,  90,  107-108, 
124,   127,    135,   160. 

Iron  and  Steel  Roll  Hands,  38. 

Iron,  Steel  and  Tin  Workers, 
National  Amalgamated  Asso- 
ciation of,  14,  29,  41  (note), 
85-86  (and  note),  95,  125,  128. 

Jewelry  Workers'  Union,  Inter- 
national, 64. 

Knights  of  Labor,  General  As- 
sembly of,  14  (note),  39  (and 
note),  65,  67. 

Knights  of  St.  Crispin,  38. 

Label,  union,  39,  67,  78,  83,  84, 
94,  96,  112  (note),  119,  13s, 
I7VI74- 

Lake  Carriers'  Association,  89; 
open  shop  campaign  of,  116- 
117. 

Lasters'  Protective  Union,  39. 

Laundry  Workers,  United,  66. 

Letter  Carriers,  31,  160. 

Lithographers'  Association 
(West),  65. 

Lithographers'  International 
Protective  and  Beneficial  As- 
sociation,  131. 


Locomotive     Engineers,     Grand 

International  Brotherhood  of, 

31,    37    (and  note),    120,    153, 

159. 
Locomotive    Firemen    and    En- 

ginemen.    Brotherhood  of,   31, 

153,  158. 
Lockouts,  40-42,  89. 
Longshoremen,       Marine       and 

Transportworkers'        Associa- 
tion, 29,  51    (and  note),  64-65. 

70,   71,   73,   88-89,   97,   11S-116 

(and  note),  125,  135. 
Lumber     Carriers'     Association, 

89-90,  116   (and  note). 
Machine    Cooperage   Employers' 

Association,  135. 
Machine     Printers     and     Color 

Mixers,   117. 
Machinists,    International    Asso- 
ciation  of,  44,   55,   63,  64,   70, 

108,  114,  160. 
Maintenance-of-way     Employes, 

International  Brotherhood  of, 

31,  160. 
Marble    Workers,    International 

Association  of,  65,  94. 
Marine      Engineers'      Beneficial 

Association,  116-117,  I39.   I44- 
Maryland,    Cigar   Makers'   Soci- 
ety of,  27-28,  67,  69,  143. 
Masters    and    Pilots    of    Steam 

Vessels,  88-89   (and  note). 
Masters,    Mates    and    Pilots,   31, 

116-117,  160. 
Meat      Cutters      and      Butcher 

Workmen,    Amalgamated,    13 

(note),     62,     63,    64,     73,    95 

(note),  119,  132. 
Memphis,  Tenn.,  Painters  of,  60. 
Metal    Mechanics,   International, 

108. 
Metal     Polishers     International 

Union  of,  108,  no,  160. 
Miller  case,  46-48. 
Milwaukee,   Painters'  Union  of, 

41- 
Mine   Workers,    United,   61,   62, 

^3,  70,  91  (note),  117-118,  139, 

141,  142,  147,  150-151. 
Mitchell,  John,  164. 
Mule  Spinners  of  New  England, 

United  Operative,  29,  34. 
Musicians,  American  Federation 

of,    51    (and    note),    68    (and 


6i5l 


Index. 


185 


note),  70  (and  note),  71,  73' 
76,  79  (note),  86-88  (and 
note),  90-91,  103  (note),  118 
(and  note),   140,   144. 

Musicians  of  the  United  States, 
National  League  of,  86. 

National  Association  of  Manu- 
facturers, 46,  48,  50. 

National  Building  Trades  Coun- 
cil, loo-ioi  (and  note),  104- 
106. 

National  Civic  Federation,  53. 

National  Founders'  Association, 

55- 

National    Glass    Company,    86. 

National  Metal  Trades  Federa- 
tion, opposes  closed  shop,  44- 
45,  46,  48.     _ 

Negroes,  in  bricklaying  industry, 
29;  as  railroad  firemen,  158. 

New  Orleans,  Dock  and  Cotton 
Council,  115. 

Newspaper  Publishers'  Associa- 
tion,   American,    11    (note). 

New  York,  Typographical  Soci- 
ety, 20-23,  69 ;  Journeymen 
Cordwainers,  24,  63  (note)  ; 
Journeymen  Tailors  of,  26; 
Hatters  of,  ^^■,  building  trades, 
43,  173  (note)  ;  Cloak  and  Suit 
Makers  of,  62-63  (note)  ;  car- 
penters of,  93 ;  Building 
Trades  Council  of,  loi  (note)  ; 
Marine  Trades  Council  of, 
US- 
New  York  State,  Cigar  Makers 
Society  of,  28,  34. 

New  Zealand,  compulsory  arbi- 
tration in,   162    (note). 

Non-union  shop,  forms  of,  12. 

Open  shop,  meaning  of  term, 
10-16 ;  conceded  by  unions,  42  ; 
effect  of  Miller  case  upon,  46- 
48  (and  note)  ;  demand  of 
organized  capital  for,  46-51 ; 
high  water  mark  of,  55. 

"  Open-shop  schools,"  49. 

"  Open-shop  town,"  49. 

Painters,  Decorators  and  Paper- 
hangers,  Brotherhood  of,  40 
(and  note),  41,  43  (and  note), 
63,  71,  78,  91,  100,  103. 

Paper  and  Pulp  Makers,  Inter- 
national, 161. 

Parry,  David  M.,  48,  50. 


Pattern  Makers'  League,  90,  107, 

146. 
Paving  Cutters'  Union,  75. 

Pennsylvania  Railroad  Tunnel 
(N.  Y.),  strike  concerning, 
120. 

Philadelphia,  Typographical  So- 
ciety, 19-20 ;  Journeymen 
Cordwainers,  23-25,  143,  154; 
Journeymen  Tailors  of,  26-27, 
35;  Cigar  Makers,  28;  Iron 
Stove  and  Hollow  Ware  Mol- 
ders,  29-30;  Master  House 
Carpenters  of,  33,  165  (note), 
177  (note)  ;  Trades'  Union  of, 
33-34 ;  Journeymen  Black  and 
White-Smiths  of,  143;  Brick- 
layers' Protective  Association 
of,  145- 

Photo-Engravers'  International 
Union,  112   (and  note). 

Pilots,  International  Association 
of,  116. 

Pittsburgh,  Journeymen  Cord- 
wainers of,  69,  143 ;  Masons' 
Union  of,  72. 

Plasterers,  Operative,  65,  84,  90, 
103. 

Plumbers,    Gas    Fitters,    Steam 
Fitters     and     Fitter     Helpers,  ■ 
Journeymen,     40     (note),     62 
(and  note),  64,  65,  73,  74,  84, 
90,  131,  138,  144  (and  note). 

Pocket  Knife  Grinders,  70. 

Post  Office  Clerks  of  the  United 
States,  31,   160-161. 

Potters,  Operative,  29,  73,  125, 
145    (note). 

Print  Cutters'  Association  of 
America,  117. 

Printing  Pressmen  and  Assist- 
ants' Union,  International,  11, 
51  (and  note),  52,  63,  69,  74, 
84,  111-112   (and  note),  144. 

Printing  Trades  Council,  Na- 
tional Allied,  112-113  (and 
note). 

Prison  labor,  94,  105. 

Providence,  Master  Masons  of, 
41 ;   Bricklayers  of,  41. 

Quarrymen's  National  Union  of 
the  United  States.  119. 

Railroad  Telegraphers.  Order 
of,  31,  160. 


1 86 


Index. 


[6i6 


Railroad      Trainmen,      Brother- 
hood of,  31,  153,  161-162. 
Railway   Conductors,    Order   of, 

31,  153- 
Rollers,  Roughers,  Catchers  and 

Hookers,    National   Union    of, 

108. 
Roosevelt,   Theodore,   President, 

45,  47- 

St.  Louis,  Cigar  Makers,  Union 
of,  14;  Master  Stonemasons 
of,  41 ;  Building  Trades  Coun- 
cil of,  100. 

San  Francisco,  City  Front  Fed- 
eration,  115. 

Saw  Smiths'  Union,  90. 

"  Scabs,"  24-26,  28,  34,  43,  59, 
69,  72,  79,  91. 

Seamen's  Benevolent  Associa- 
tion of  the  Great  Lakes,  64. 

Seamen's  Union,  International, 
1 1 5-1 16,  140. 

Sheet  Aletal  Workers'  Interna- 
tional Alliance,  Amalgamated, 
51    (and  note),  55,  63,  84,  92- 

93- 
Shingle  Weavers'  Union,  139. 
Ship  Owners'  and  Ship  Builders' 

Association  of  Buffalo,  37. 
Ships  Carpenters'  and  Caulkers' 

Union,  2,7. 
Shirt,      Waist      and      Laundry 

Workers'  International  Union, 

75,   119- 

Slate  and  Tile  Roofers,  Inter- 
national, 52,  68. 

Sons  of  Vulcan,  United,  Na- 
tional Forge,  38  (and  note), 
108. 

Spanish-American  War,  43. 

Spinners'  Association,  National, 
146. 

Standard   Oil  Company,   127. 

Stationary  Engineers,  National 
Association  of,  31. 

Stationary  Firemen,  Interna- 
tional Brotherhood  of,  no. 
119. 

Steam  Engineers,  International 
Union  of,  106  (note),  no,  119, 
160. 

Steam,  Hot  Water  and  Power 
Pipe  Fitters  and  Helpers,  In- 
ternational Association  of,  72, 
74,  84. 


Steel  and  Copper  Plate  Printers* 
Union,  International,  79. 

Steel  Plate  Transferers,  31,  160. 

Steel  Roll  Hands,  107-108. 

Stereotypers  and  Electrotypers', 
International,  84,  no,  n2-n3 
(and  note). 

Stone  Cutters'  Association, 
Journeymen,  65,  103,  106 
(note),    143,   146   (note). 

Stove  Founders'  National  De- 
fense  Association,    124,    135. 

Street  and  Electric  Railway 
Employes,    Amalgamated,    64, 

139- 

Strikes,  21,  28,  35,  38,  40  (and 
note)-43,  52,  55-56  (note),  75, 
86,  88,  93,  102,  130-131,  151. 

Structural  Building  Trades  Al- 
liance,  loi,  103,   105. 

Structural  Iron  Workers,  103. 

Structural  and  Steel  Erectors' 
Association,  50. 

Switchmen's  Union,  31,  160. 

Sylvis,  President,  14. 

Table  Knife  Grinders'  National 
Union,  75,  132. 

Tailors'  Union,  Journeymen,  159. 

Teamsters,  International  Broth- 
erhood   of,    95,    103-104,    n8- 

119,  139- 

Textile  Workers  of  America, 
United,  31    (and  note). 

Theatrical  Stage  Employes,  51 
(and  note),  103  (note),  n8, 
144. 

Tin  Plate  Workers  Interna- 
tional Protective  Association, 
59   (note),  63,  146. 

Trades  and  Labor  Congress  of 
Canada,   52. 

"  Tri-Partite  Agreement,"   in. 

Typographical  Union,  Interna- 
tional, 38,  61,  63,  71,  79,  84, 
no-n3,   131-132. 

Typothetae  of  America,  United, 

52. 
Union  shop,  n. 
United     States     Army,     musical 

bands  in,  86-87   (and  note). 
United    States    Glass    Company, 

131- 
United        States        Government 
Printing  Office,  161. 


6i7] 


Index. 


187 


United  States  Navy,  musical 
bands  in,  86-87   (and  note). 

United  States  Steel  Corporation, 
49,  82,  86. 

Upholsterers'  International 
Union,  83. 

Waiting  list,   60-61,    167-168. 

Walking  delegate,  49,  143. 

Webb,  Sidney  and  Beatrice,   17. 

Weber,  President,  88. 


Window  Glass  Workers,  Amal- 
gamated, 134. 

Window  Glass  Workers,  Local 
Assembly  No.  300,  39-40  (and 
note),  70,  74   (note),  149. 

Wood  Carvers'  Association,  In- 
ternational, 70. 

Woodworkers'  International 
Union,  Amalgamated,  65. 

Zanesville,  Ohio,  brick  contrac- 
tors of,  41. 


JOHNS  HOPKINS  UNIVERSITY  STUDIES 

IN 

Historical  and  Political  Science 

Under  the  Direetion  of  the 

Departments  of  History,  Political 

Economy  and  Political  Science 


THIRTIETH  SERIES,  1912 


The  University  Studies  will  continue  to  publish,  as  heretofore, 
the  results  of  recent  investigations  in  History,  Political  Economy 
and  Political  Science. 

For  the  year  1912  the  titles  given  below  are  now  announced  ; 
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